(a)  An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations, or privileges of employment because the employee or former employee, or a person or organization acting on the employee’s behalf:

(1)  Reports or makes a complaint under this section, or otherwise asserts the employee’s rights under this section; or

(2)  Participates in any investigation, hearing, or inquiry held by the director of labor and training under § 37-26-7 or § 37-26-8, or upon a review of an investigation under this section, or for participating in a private right of action brought under this chapter. In the event a contractor or subcontractor retaliates or discriminates against an employee in violation of this section, the affected employee may file an action in any court of competent jurisdiction and the court shall order reinstatement and/or restitution of the affected employee, as appropriate, with back pay to the date of the violation, and an additional amount in liquidated damages equal to two (2) times the amount of back pay and reasonable attorneys’ fees and costs.

Terms Used In Rhode Island General Laws 37-26-9

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contractor: means any contractor who or that employs employees to perform building services under a contract with a state purchasing entity and shall include any of the contractor's subcontractors. See Rhode Island General Laws 37-26-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • employee: means any person performing building services for a contractor under a contract with a state purchasing entity that is in excess of one thousand dollars ($1,000) and the principal purpose of such contract is to furnish services through the use of building service employees. See Rhode Island General Laws 37-26-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(b)  As used in this section, to discharge, threaten, or otherwise discriminate against any employee includes threatening to contact or contacting United States immigration authorities or otherwise threatening to report an employee’s suspected citizenship or immigration status or the suspected citizenship or immigration status of an employee’s family or household to United States immigration authorities.

History of Section.
P.L. 2022, ch. 232, § 1, effective June 28, 2022; P.L. 2022, ch. 233, § 1, effective June 28, 2022.