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Your Rights on the Job BrochureWhat is the minimum wage? Workers 16 years or older $7.10/hour
Workers who receive tips $2.89/hour*
(*wages plus tips must equal at least $7.10/hour
In some cases sub-minimum rates may be paid,
including:
Full-time students under 19 years old,
working in non-profit religious, educational,
library or community service organizations
14-15 year olds working 24 hours/week
or less.
To determine your proper wage or for questions, call the Rhode Island
Department of Labor & Training (RIDLT) at 462-8550.
When should I be paid overtime?
You must be paid 1 1/2 times your hourly rate
when you work:
more than 40 hours in a week
on Sundays or legal holidays (except for
restaurants, health facilities, and some other work-places).
There is no limit on the number of hours per day
or per week that adults may work, unless
specified in a union contract.
There are restrictions on the number of hours and
times of day that 14-17 year olds may work.
Questions? Call RIDLT at 462-8550.
What if I'm sick and can't work?
You may be eligible to collect a percentage of
your wages from Temporary Disability Insurance
(TDI) if:
you are out of work at least one week due to
illness or injury (not work-related), and
you have earned enough money to qualify
for benefits.
An employer is not legally required to pay you
when you are sick.
Questions? Call TDI at 462-8420
What if I get hurt at work?
Notify your employer and doctor immediately about
any work-related injury or illness.
Workers' Compensation insurance pays all related
medical expenses if the injury or illness is found to
be work related.
Workers' Compensation insurance may pay part of
your wages if you are out of work more than three
consecutive days.
In most cases, you have the right to return to your
previous job for at least one year, providing you
are capable of performing the job with reasonable
accommodation from the employer.
Call the Workers' Compensation Education Unit to
obtain free information and advice about the Workers'
Compensation system and the status of your claim.
Questions? Call Workers' Compensation Education Unit (RIDLT) at 462-8100, press 1.
What can I do about unsafe working conditions?
File a complaint with the Occupational Safety and
Health Administration (OSHA).
Your employer must provide a workplace free from
recognized hazards. You have a right to information
from your employer on health and safety hazards
that may exist at your work site, such as information
about hazardous chemicals.
Questions? Call OSHA at 528-4669, RI Committee on Occupational Safety and
Health (RICOSH) at 751-2015, or RIDLT at 462-8557.
Many hazardous occupations are prohibited for
14 - 17 year olds.
Questions? Call US Department of Labor (USDOL)
at 528-4431 or RIDLT at 462-8557.
The Workers' Compensation Education Unit provides
consultation and training to workers and employers on
recognizing and correcting job hazards.
Questions? Call Workers' Compensation Education
Unit (RIDLT) at 462-8100, press 1.
Many workers join unions to try to improve the
conditions at their workplace.
Questions? Call the RI AFL-CIO at 751-7100.
What if I lose my job?
Fired or Laid Off
There is usually no way to contest your termination
unless you belong to a union, work for the government, or discrimination was
the motive.
Many workers join unions to protect themselves against the
employer's right to fire at-will.
An employer is not required to call you back from
a layoff.
Questions? Call the Institute for Labor Studies 463-9900
Unemployment Benefits
You may be eligible to collect a percentage of your
wages if:
you have been laid off, fired without just cause,
or quit for good reason, and
you have earned enough money to qualify for benefits.
Questions? Call RIDLT at 243-9100.
Discrimination
It is illegal for you to be fired, denied employment,
or otherwise discriminated against because of your:
race
age (ages 40 and over)
color
national origin
religion
disability (physical or mental)
sex
sexual orientation
gender identity
Questions? Call Commission for Human Rights (CHR) at 222-2661.
Do I have the right to join a union?
You have the legal right to form or join a union.
If a majority of workers vote for a union, an employer must
recognize and negotiate with the union.
Questions? Call the National Labor Relations Board
(NLRB) at 866-667-6572, the State Labor Relations Board
(RIDLT) at 462-8557, or RI AFL-CIO at 751-7100.
Union members have the right to attend union
meetings.
Employees represented by unions have the right
to get a copy of the union contract and file a
grievance.
Questions? Contact your union or the NLRB at 866-667-6572.
Do I have a right to privacy at work?
Drug Testing
Random drug testing is illegal (except for
some federally-regulated jobs).
An employer may test only with reasonable
suspicion that drug use is affecting job
performance.
An employer may test only in conjunction
with a rehabilitation program.
Job applicants may be required to take a drug
test, but only after the applicant has been
given a conditional offer of employment.
Polygraph Tests
Polygraph (lie detector) tests are illegal.
Criminal Record
An employer may not ask a job applicant
about arrests, but may ask about convictions.
Searches
A private employer may search you and/or
your possessions.
A union contract may limit the employer's
right to search.
Government employees are protected against
unreasonable searches.
Smoking
An employer may ban smoking at the workplace.
An employer can not ban smoking off the job.
Questions? Call RI Department of Health at 222-3424
Personnel Files
You have a right to inspect your personnel
file. An employer needs to comply with your
request within seven days.
Questions? Call American Civil Liberties Union of RI
(ACLU) at 831-7171 for questions or free brochure
titled "Your Rights to Workplace Privacy in Rhode Island."
Other Important Workplace Laws
Two or more employees who engage in protected
concerted activity to try to improve their terms
or conditions of employment may not be fired. (NLRB 866-667-6572)
You cannot be fired, threatened, or otherwise retaliated
against for reporting a violation of any law to a
government agency. (Enforcement of this right requires
private legal action.)
If you are scheduled or requested to report to work,
you must be paid for at least three hours. (RIDLT 462-8550)
You must be paid for all hours worked, even if you are required to work before or after your scheduled hours.
(RIDLT 462-8550)
You cannot be required to work on a Sunday or legal
holiday. Note: Certain employers, such as restaurants
and health facilities, are exempt from this law. (RIDLT 462-8550)
Sexual harassment (unwanted verbal, non-verbal or
physical conduct of a sexual nature) is illegal. (CHR 222-2661)
Public employees and employees in private companies
with 50 or more people, are entitled to take a leave of
absence for up to twelve weeks under federal
law or thirteen weeks under state law due to the birth
or adoption of a child or due to the serious illness of a
family member or themselves, provided they have
worked for their employer for at least one year and
have worked a minimum of 1,250 hours during the
previous 12 months. (USDOL 528-4431 & RIDLT 462-8550)
It is illegal for employers and employees to do
assembling or processing of materials for an employer
in the home. (RIDLT 462-8550)
This brochure answers common questions about
workplace law in Rhode Island. It is not a complete
description of the law.
Note: All laws are subject to change, interpretation and may have
exceptions. Therefore, the Institute for Labor Studies and Research does
not guarantee the accuracy of any laws listed within. We strongly urge
you to call the appropriate agencies listed at the end of each section or
an attorney to check and see how or whether the law applies to your
exact situation.
Workers' Rights Hotline
Protecting Workers and Immigrants
The organizations listed below can assist you with
workplace rights and immigration laws, expressed
in the following languages:
English
Institute for Labor Studies 463-9900
Spanish & Portuguese
Progreso Latino 728-5920
Hmong, Lao, Khmer, Vietnamese
Socio-Economic Development
Center for Southeast Asians 941-8422
Hmong
Hmong United Association 455-0847
Multi-lingual
International Institute 784-8634
Documentation Required for Work
To be eligible to work, you must present a document
or combination of documents that establish identity
and employment eligibility (for example, a driver's
license and a Social Security card).
Employers cannot specify which documents they will
accept from an employee.
For additional information, call one of the organizations listed above, or the
Bureua of Citizenship and Immigration at 1-800-375-5283 or www.BCIS.gov
How can I enforce my rights?
The workplace rights referred to in this pamphlet are
derived from state and federal laws. In most cases,
they are enforced by government agencies. Additional
rights may exist in a union contract. In some
cases, private legal action must be taken to enforce
your rights. Note: All laws are subject to change.
For more information about your rights on
the job, call the agencies listed below.
RI Department of Labor & Training (RIDLT)
Employment & Training 222-3724
Labor Standards 462-8550
Occupational Safety 462-8557
State Labor Relations Board 462-8830
Workers' Compensation
Education Unit (WC) 462-8100, press 1 US Department of Labor (USDOL) Wage and Hour Division 528-4431
RI Commission
for Human Rights (CHR) 222-2661
National Labor
Relations Board (NLRB) 866-667-6572
Injured Workers of RI (IWORI) 729-0330
Temporary Disability Insurance (TDI) 462-8420
Occupational Safety and Health
Administration (OSHA) 528-4669
RI Department of Health 222-2231
RI Committee on Occupational
Safety and Health (RICOSH) 751-2015
American Civil Liberties Union
of RI (ACLU) 831-7171
Rhode Island AFL-CIO 751-7100
Institute for Labor Studies and Research 463-9900
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