Rhode Island: Legislative Update
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Discussion
The Rhode Island legislative session was a busy one for laws impacting employers and their employees. The Rhode Island Department of Labor and Training also published new rules clarifying premium pay required for work on Sundays and holidays. The most notable changes are summarized below.
Temporary Disability Benefits Changes
Effective January 1, 2026, HB 6066 increases the temporary disability insurance wage base to $100,000 from $38,000. Temporary disability weekly benefits will also increase to 4.62% of an individual’s wages in the highest-paid quarter of their wage base period. The percentage will increase to 5.38% in the 2027 benefit year and 5.77% in the 2028 benefit year and thereafter.
Menopause Protections
Effective June 24, 2025, HB 6161 requires employers to provide workplace accommodations for applicants and employees experiencing menopause and related medical conditions. The law amends the Rhode Island Fair Employment Practices Act, which requires reasonable accommodations for pregnancy, childbirth, and related medical conditions, to expressly include menopause. The definition of “related condition” is amended to include the need to manage the effects of vasomotor symptoms. Examples of vasomotor symptoms include, but are not limited to, hot flashes and night sweats. In addition to engaging in the interactive process with workers experiencing menopause, employers are also required to provide an employee, who gives them notice of menopause, with a written notice of the right to be free from discrimination for such condition within 10 days of notification.
Hands-Free Driving Update
Effective July 2, 2025, HB 5901/SB 576 updates the state’s hands-free driving law to include exceptions for using a GPS or navigation device while it is mounted for hands-free use or the use of a personal wireless communication device with a hands-free accessory or with the activation or deactivation of a feature or function with the motion of a single swipe or tap of the finger. Employers with workers who perform driving duties should ensure that workers are using approved hands-free devices in compliance with the law.
Captive Audience Meeting Ban
Effective July 2, 2025, HB 5506 bans employers from discharging, disciplining, or otherwise threatening to take any adverse employment action against an employee because the employee refused to attend an employer-sponsored meeting regarding the employer’s opinion concerning a religious or political matter or refused to listen to speech or view communications, including electronic communications from the employer intended to communicate the employer’s opinion concerning religious or political matters.
The law does not prohibit:
- Communications the employer is required to provide by law;
- Communications that are necessary for employees to perform their job duties;
- Meeting with or participating in communications that are part of coursework, any symposia, or an academic program at an institution of higher education; and
- Casual conversations between employees or the employer, provided that participation in the conversation is not required.
Violations of the law may result in injunctive relief, reinstatement, back pay and reestablishment of employee benefits, and reasonable attorneys’ fees and costs.
Disability Discrimination Protections
Effective July 1, 2025, SB 887 protects against disability discrimination in federally funded programs even if there is a change in federal law. The law specifically cites Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination based on disability in federally funded programs and activities. In the event Section 504 is repealed or invalidated, the state will continue to enforce the prohibition on discrimination in federally funded programs and activities. Employers with programs that receive federal funding should be aware that they will be expected to comply with the prohibition on disability discrimination in Rhode Island even if the federal government changes the requirements under the Rehabilitation Act.
CROWN Act
Effective July 1, 2025, SB 519 amends the state’s Fair Employment Practices Act to prohibit discrimination based on hairstyles. The definition of race is expanded to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. Protective hairstyles include, but are not limited to, hair texture or hairstyles commonly associated with a particular race or national origin, like hair that is tightly coiled or tightly curled, locks, cornrows, twists, braids, Bantu knots, and afros.
Wage Notice Requirement
Effective July 1, 2025, HB 5679 requires employers to provide a wage notice to employees at the start of employment. The notice must include:
- The rate or rates of pay including whether the employee is to be paid by the hour, shift, day, week, salary, piece, commission, or other method;
- Allowances claimed for permitted meals and lodging;
- Employer policy on sick, vacation, personal leave, holidays and hours;
- Employment status and whether they are exempt from minimum wage or overtime;
- A list of deductions to be made from pay;
- Number of days in the pay period, regularly scheduled payday, and the payday on which the employee will receive the first payment of wages earned;
- The legal name of the employer and operating name;
- Physical address of employer’s main office or principal place of business; and
- Phone number of employer.
A copy of the notice shall be retained along with an acknowledgement of receipt for a period of three years.
Bone Marrow and Organ Donor Leave
Effective January 1, 2026, SB 829 expands the temporary caregiver insurance program to include benefits for participation as a bone marrow transplant donor or a living organ donor. Benefits will include time needed for procedures, medical tests, and surgeries related to the donation, including no more than five business days of recovery from a bone marrow transplant or no more than 30 business days of recovery from a living organ donor transplant. A bone marrow transplant donor is an individual from whose body bone marrow is taken to be transferred to the body of another person. A living organ donor is an individual who donates all or part of an organ and is not deceased.
Leave to Care for a Sibling
Effective January 1, 2026, SB 974 expands temporary caregiver insurance to provide for time off work to care for a sibling. “Sibling” is defined as children with a common parent, including biological siblings, half-siblings, step-siblings, foster siblings, and adopted siblings.
New Premium Pay Regulations
Effective August 17, 2025, the Rhode Island Department of Labor and Training (DLT) issued new regulations clarifying premium pay requirements and who must comply. Existing law requires time-and-a-half pay for retail employees for work performed on Sundays and certain holidays. However, there was no clear definition of a retail employer. Under the new regulations, a retail business is “an establishment engaged primarily in the sale of goods or services directly to the general public. It operates at the end of the distribution chain, selling in small quantities to the ultimate consumer in a manner consistent with other consumer goods and services.” Expressly excluded from the definition are resale, wholesale, manufacturing, food preparation and sales, and other wholesale operations that service other businesses rather than customers. The advantage of a clear definition of retailer is that the retail employer can count this premium pay towards the calculation of overtime. Non-retailers must pay overtime and premium pay separately.
In addition to the new definition of retailer, the new regulations also delete the ability of the DLT to provide exemptions from the premium pay requirements. The DLT had this ability prior to the state legislature removing it in 2021. The new regulations now reflect this change by removing the process for requesting an exemption.
Action Items
- Review and update leave policies referencing the temporary caregiver insurance program, if applicable.
- Review and update accommodations policies.
- Review and update safe driving policies, if applicable.
- Consult with legal counsel regarding mandatory meetings involving religious or political matters.
- Update discrimination and harassment policies.
- Draft and provide required wage notice to employees upon start of employment.
- Update payroll processes for calculation of premium pay, if applicable.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase