On June 24, 2025 and July 1, 2025, the Rhode Island General Assembly amended two existing employment-related statutes to provide employees with additional workplace rights and protections. These amendments directly impact employer hiring and workplace policies. Specifically, the General Assembly amended the existing statute concerning payroll records (R.I. Gen. Law, § 28-14-12) to create new information sharing and documentation obligations for employers at the start of an employee’s employment. The General Assembly also expanded the state’s accommodation law (R.I. Gen. Law, § 28-5-7.4) concerning “pregnancy-related conditions” to include menopause-related conditions. Rhode Island is now the first state to expressly provide workplace protections for female employees experiencing menopause.
Employers must take the time now to review their hiring documentation – in particular their offer letters – to comply with the new law. Likewise, employers must review and revise their employment opportunity, non-discrimination, and accommodation policies to address procedures related to employees experiencing menopause and related conditions.
Amendment to the Employment Records Law
Historically, all Rhode Island employers must keep accurate records of employee hours worked and wages paid during each pay period. On July 1, 2025, the General Assembly amended this law to create a new obligation for employers. Effective January 1, 2026, employers will be required to provide each employee – at the start of their employment – with a written notice (in English) containing the following concerning that employee:
- The rate of pay and basis, including the method of payment (e.g., hourly, by the shift, daily, weekly, salary, piece, commission) and the specific application of additional rates;
- Allowances (if any) to be claimed for meals and lodging;
- Employer’s policy(ies) regarding sick leave, vacation, personal leave, holidays and hours;
- Employment status and whether the employee is exempt from minimum wage and/or overtime;
- Deductions that may be made from employee’s pay;
- Number of days in a pay period, regularly scheduled payday, and the payday on which the employee will receive their first payment of wages earned;
- Legal name of the employer and the employer’s operating name (e.g., d/b/a) if different;
- Physical address of the employer’s principal place of business; and
- Telephone number of the employer
Employers must not only provide the written notice including this information, but they must also obtain the employee’s signature acknowledging receipt of the notice and maintain that acknowledgment as part of the employee’s personnel file.
Employers who fail to comply with this statute are subject to a $400 fine for the first and second violation. For subsequent violations, employers may be found liable for a misdemeanor, which carries additional fines and potential imprisonment.
Employers should begin preparing their written notices and review their standard offer letters and hiring documentation to ensure compliance with the law. Although the law appears to apply only to new employees (“at the start of their employment”), employers should be prepared to have the required information available for existing employees. Further, if an existing employee changes jobs for the employer (e.g., promotion, transfer, demotion), employers may want to consider presenting a similar written notice to those employees at the time of the change.
Menopause-Related Conditions
Rhode Island law currently prohibits workplace discrimination related to pregnancy, childbirth, and associated conditions. Effective June 24, 2025, employers are expressly prohibited from discriminating or retaliating against employees because of menopause and/or menopause-related conditions (defined in the amendment as “vasomotor symptoms,” which most often include, but are not limited to, hot flashes and night sweats). Employers must also provide reasonable accommodations (absent an undue hardship) and engage in the interactive process for employees making such requests related to menopause or menopause-related conditions.
Employers must also update their workplace notices to inform employees that they have a right to be free from discrimination in relation to menopause and menopause-related conditions. These notices must be provided to employees:
- At the commencement of employment for new employees;
- Within 120 days for existing employees;
- Within 10 days of any employee’s notification to the employer of menopause or menopause-related conditions
Moving forward, Rhode Island employers should review existing equal employment, non-discrimination, and accommodation policies, amend as needed, and train management and human resources personnel on these new protections. Employers should also notify employees of these new protections and be prepared to answer questions regarding reasonable accommodations and related procedures and policies.
Employers with questions are encouraged to contact an employment attorney at Kenney & Sams.
******
This alert is for informational purposes only and may be considered advertising. It does not constitute the rendering of legal, tax, or professional advice or services. You should seek specific detailed legal advice prior to taking any definitive actions.