Product Description

Recent updates:

• Update: March 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 supplement to A Practical Guide to Employment Law in Rhode Island. Highlights from the many issues addressed in this supplement include

  • new pay equity legislation (effective January 1, 2023) expanding protections against wage discrimination—increasing the categories of employees subject to legal protection, enhancing wage transparency in recruiting for open positions, and prohibiting the use of applicants' wage histories in making hiring decisions;

  • a new statute regulating certain aspects of noncompetition agreements;

  • First Amendment protections against defamation claims that have been recharacterized as false-light claims;

  • discrimination based on an employee's possession of a medical marijuana card;

  • applicability of a three-year statute of limitations to cases brought under the Rhode Island Wiretap Act;

  • whether the "aiding and abetting" language of Section 28-5-7(6) of the Rhode Island Fair Employment Practices Act may be used to impose individual liability on employees of a defendant employer;

  • the scope of the ministerial exception;

  • age disparities considered sufficient to support a claim of age discrimination;

  • retaliatory disclosure of the reasons for an employee's termination in statements filed with the U.S. Securities and Exchange Commission;

  • consideration of long COVID as a disability under the Americans with Disabilities Act;

  • an extensive discussion of the sick pay and leave provisions of the Rhode Island Healthy and Safe Families and Workplaces Act;

  • a recent amendment to R.I.G.L. § 28-50-3 to clarify that retaliation may include an employer's reporting or threatening to report an employee's immigration status;

  • legislation providing for the continuation of existing collective bargaining agreements for municipal employees and public school teachers when the parties have been unable to reach agreement on a new contract;

  • COVID-19-related developments in unemployment benefits; and

  • updated information on proceedings conducted by the Rhode Island Commission for Human Rights.

  We trust you will find the 2022 supplement to A Practical Guide to Employment Law in Rhode Island a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Introduction—Employment Law Risk Reduction in the Workplace

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Chip Muller, Esq., Muller Law

Exhibit 1A

- Checklist: Employment Law Risk Reduction Buy Form

Chapter 2 expand

Employment Agreements

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Samuel G. Eckel, Esq., Duffy & Sweeney LTD
Rachelle R. Green, Esq., Cervenka Green & Ducharme

Exhibit 2A

- Model Employment Offer Letter Buy Form

Exhibit 2B

- Model Employment Agreement Buy Form

Chapter 3 expand

Privacy Issues in the Workplace

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Heather A. Pierce, Esq., Littler Mendelson. PC
Todd M. Reed, Esq., Littler Mendelson. PC

Exhibit 3A

- Form Personnel File Request Buy Form

Exhibit 3B

- Checklist of Conditions Required Under the Rhode Island Drug Testing Statute, R.I.G.L. § 28-6.5-1 Buy Form

Exhibit 3C

- Sample E-Mail and Internet Use Policy Buy Form

Chapter 4 expand

Discrimination

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Andrew H. Berg, Esq., Sammartino & Berg LLP
Michael A. Gamboli, Esq., Partridge Snow & Hahn LLP

Chapter 5 expand

Accommodation and Leave Issues

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Gregory A. Mancini, Esq.,
Richard Sinapi, Esq.,

Chapter 6 expand

Whistle-Blower and Retaliation Claims

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Neal J. McNamara, Esq., Nixon Peabody LLP

Exhibit 6A

- Checklist of Affirmative Defenses in Retaliation and Whistle-Blowing Cases Buy Form

Chapter 7 expand

Wage and Hour Law

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Charles S. Kirwan, Esq., Kirwan Law

Exhibit 7A

- Checklist of Key FLSA Issues Buy Form

Exhibit 7B

- U.S. Department of Labor Wage and Hour Division Fact Sheet No. 13 Buy Form

Chapter 8 expand

Collective Activity

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Elizabeth A. Wiens, Esq., Gursky Wiens

Chapter 9 expand

Prevailing in Unemployment Benefit Appeals

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Noelle K. Clapham, Esq., Robinson & Clapman

Exhibit 9A

- Checklist of Information to Assemble When Filing a Claim for Unemployment Compensation Benefits in Rhode Island Buy Form

Exhibit 9B

- Sample Letters Initiating a Board of Review Appeal Hearing Before a Referee Buy Form

Exhibit 9C

- Checklist of Facts and Materials Needed in Preparation for an Unemployment Compensation Benefits Hearing Buy Form

Exhibit 9D

- Sample Appeal to the Board of Review Hearing Tribunal Buy Form

Exhibit 9E

- Sample District Court Appeal Buy Form

Exhibit 9F

- Sample Fee Request Letter Buy Form

Exhibit 9G

- District Court Appeal Form Buy Form

Chapter 10 expand

Proceedings Before the Rhode Island Commission for Human Rights

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Cynthia M. Hiatt, Esq., RI Commission for Human Rights

Exhibit 10A

- Intake Questionnaire Buy Form

Exhibit 10B

- Sample Commission-Drafted Charge of Discrimination Buy Form

Exhibit 10C

- Sample Negotiated Settlement Buy Form

Exhibit 10D

- Sample Commission Withdrawal-with-Settlement Form Buy Form

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