§ 28-42-38. Records and reports — Confidentiality of information.
(a) Every employer and every employing unit employing any person in employment in this state shall keep true and accurate employment records of all persons employed by him or her, and of the weekly hours worked for him or her by each, and of the weekly wages paid by him or her to each person; and every employer and employing unit shall keep records containing any other information that the director may prescribe. Those records shall at all times be available within this state and shall be open to inspection by the director, or his or her authorized representatives, at any reasonable time and as often as the director shall deem necessary.
(b) The director may require from any employer or employing unit employing any person in this state, any reports covering persons employed by him or her, on employment, wages, hours, unemployment, and related matters that the director deems necessary to the effective administration of chapters 42 — 44 of this title.
(c)(1) Information obtained, or information contained in other records of the department obtained from any individual pursuant to the administration of those chapters, shall be held confidential by the director and shall not be published or be open to public inspection in any manner revealing the individual’s or employing unit’s identity, but any claimant at a hearing provided for in those chapters shall be supplied with information from those records of the extent necessary for the proper presentation of his or her claim. Any department employee guilty of violating this provision shall be subject to the penalties provided in chapters 42 — 44 of this title; provided, that nothing contained in this subsection shall be construed to prevent:
(i) The director, or any qualified attorney whom the director has designated to represent him or her in any court of this state, or the attorney general from making any record, report, or other information referred to in this section available in any proceeding before any court of this state in any action to which the director is a party;
(ii) The director from making any record, report, or other information referred to in this section available to any agency of this state or any agency of a political subdivision of this state charged with the administration of public assistance within this state, or any of its political subdivisions;
(iii) The director from making any record, report, or other information referred to in this section available to the railroad retirement board or to employees of the Internal Revenue Service in the performance of their public duties, and the director shall furnish, at the expense of the railroad retirement board or the Internal Revenue Service, copies of those records, reports, or other information referred to in this section;
(iv) The director from making available, upon request and on a reimbursable basis, any record, report, or other information referred to in this section to the federal Department of Health and Human Services in accordance with the provisions of United States Pub. L. No. 100-485, Family Support Act of 1988, or to the federal Department of Housing and Urban Development and to authorized representatives of public housing agencies in accordance with the Stewart B. McKinney Homeless Assistance Act, 42 U.S.C. § 11301 et seq.;
(v) The director from making available to the division of taxation, upon request of the tax administrator, any record, report, or other information referred to in this chapter for the purposes of compiling the annual unified economic development budget report and performing the requirements under § 42-142-3(e); enforcing the provisions of this chapter; and/or performing any of its obligations under title 44. The information received by the division of taxation from the department of labor and training pursuant hereto pertaining to an individual employer shall be held confidential and shall not be open to public inspection. Nothing herein shall prohibit the disclosure of statistics and statistical data that do not disclose the identity of individual employers and/or the contents of specific returns;
(vi) The director from making, and the director shall make, reports in the form and containing any information that the federal Social Security Administration may, from time to time, require, and complying with any provisions that the federal Social Security Administration may, from time to time, find necessary to assure the correctness and verification of those reports. The director shall make available, upon request, to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of unemployment compensation and a statement of that recipient’s rights to further compensation under that law;
(vii) The director from conducting any investigations he or she deems relevant in connection with these provisions;
(viii) The director from conducting any investigations he or she deems relevant in connection with the performance of his or her duties pursuant to the administration of chapters 29, 32, 33, 34, 36, 37 and 41 of this title, or from making any record, report, or other information referred to in this section available to the workers’ compensation fraud prevention unit for use in the performance of its duties under § 42-16.1-12;
(ix) The director from forwarding, and the director shall forward, to the jury commissioner, the names and addresses of all individuals who are receiving unemployment compensation on a yearly basis in accordance with § 9-9-1(e);
(x) The director from providing data on unemployment insurance recipients or any other data contained in departmental records that is obtained from an individual, pursuant to the administration of chapters 42 — 44 of this title, to the department’s designated research partners for the purpose of its workforce data quality and workforce innovation fund initiatives. The provision of these records will be done in accordance with an approved data-sharing agreement between the department and its designated research partners that protects the security and confidentiality of these records and, through procedures, established by protocols, rules, and/or regulations as determined necessary by the director and appropriately established or promulgated;
(xi) The director from making available upon request and on a reimbursable basis to the department of corrections, and solely for the purpose of case management and post-release supervision, any record, report, or other information referred to in this chapter relating to wages, earnings, professional licenses, work or vocational skills or training, and work history of offenders under the department of corrections’ supervision for the purpose of case management and post-release supervision. The information received by the department of corrections from the department of labor and training pursuant to this subsection shall be held confidential and shall not be open to public inspection. Nothing in this subsection shall prohibit the disclosure of statistics and statistical data that does not disclose the identity of individuals, nor shall it prevent information referred to in this subsection from being available in any proceeding before any court of this state in an action in which an offender’s conditions of probation or obligation to pay restitution and/or costs and fines are the subject of the court proceedings; or
(xii) The director from making any record, report, or other information referred to in this section available to the employees’ retirement system of Rhode Island and the office of the general treasurer for the sole purpose of ensuring compliance with §§ 16-16-19, 16-16-24, 36-10-17, 36-10-36, 45-21-24, and 45-21-54.
(2) The director may publish in statistical form the results of any investigations without disclosing the identity of the individuals involved.
History of Section.P.L. 1936, ch. 2333, § 11; P.L. 1937, ch. 2556, § 1; G.L. 1938, ch. 284, § 11; P.L. 1939, ch. 670, § 8; P.L. 1949, ch. 2175, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-42-38; P.L. 1986, ch. 233, § 2; P.L. 1990, ch. 93, § 1; P.L. 1990, ch. 379, § 1; P.L. 1990, ch. 476, § 1; P.L. 1999, ch. 216, § 9; P.L. 1999, ch. 384, § 9; P.L. 2003, ch. 430, § 2; P.L. 2009, ch. 68, art. 16, § 5; P.L. 2013, ch. 125, § 1; P.L. 2013, ch. 133, § 1; P.L. 2016, ch. 99, § 1; P.L. 2016, ch. 110, § 1; P.L. 2017, ch. 189, § 1; P.L. 2017, ch. 319, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-42 - Employment Security — General Provisions
Section 28-42-1. - Short title.
Section 28-42-2. - Declaration of policy.
Section 28-42-3. - Definitions.
Section 28-42-4. - Services performed partly outside state.
Section 28-42-5. - Localized service defined.
Section 28-42-6. - Service by residents performed entirely outside state.
Section 28-42-6.1. - Service by U.S. citizens performed outside United States for American employer.
Section 28-42-7. - Independent contractor and employee distinguished.
Section 28-42-8. - Exemptions from “employment.”
Section 28-42-9. - Maritime services.
Section 28-42-10. - Services performed by students.
Section 28-42-11. - Employees of agents and contractors of employing units.
Section 28-42-12. - Election by exempt employer to become subject to provisions.
Section 28-42-13. - State employees.
Section 28-42-14. - Employees of governmental entities.
Section 28-42-14.1. - Treatment of Indian tribes.
Section 28-42-15 - — 28-42-17. [Repealed.]
Section 28-42-18. - Establishment of fund.
Section 28-42-19. - Disbursements from fund.
Section 28-42-20. - Treasurer of fund — Bond — Subordinates or employees.
Section 28-42-21. - Deposits in and requisitions from unemployment trust fund.
Section 28-42-22. - Requisitions from trust fund for temporary disability insurance fund.
Section 28-42-23. - Unclaimed or unpaid moneys from unemployment trust fund.
Section 28-42-24. - Custody and investment of fund or discontinuance of unemployment trust fund.
Section 28-42-25. - Creation of administration account — Sources.
Section 28-42-26. - Disbursements from administration account — Unexpended balance.
Section 28-42-27. - [Repealed.]
Section 28-42-28. - Federal funds for administration.
Section 28-42-29. - Expenditure of administrative funds authorized by Secretary of Labor.
Section 28-42-30. - Replacement of unauthorized expenditures from administration account.
Section 28-42-31. - Responsibility for administration — General powers of director.
Section 28-42-32. - Annual report — Recommendations.
Section 28-42-33. - Modifications to protect fund.
Section 28-42-34. - Rules and regulations.
Section 28-42-35. - Publication of statutory text and supplementary material.
Section 28-42-36. - Personnel of department.
Section 28-42-37. - Advisory council.
Section 28-42-38. - Records and reports — Confidentiality of information.
Section 28-42-38.1. - Quarterly wage reports.
Section 28-42-38.2. - Income and eligibility verification.
Section 28-42-38.3. - Penalty for unauthorized disclosure.
Section 28-42-39. - Reports of contracts for services to be rendered within state.
Section 28-42-40. - Legislative recommendations — Research and planning.
Section 28-42-41. - Legal representation of state.
Section 28-42-42. - Agent for cooperation with federal government, states, and territories.
Section 28-42-43. - Acceptance of federal provisions.
Section 28-42-44. - Cooperation with federal employment service.
Section 28-42-45. - Agreements as to employment offices.
Section 28-42-46. - Maintenance of employment offices.
Section 28-42-47. - Expenditure of federal funds.
Section 28-42-48. - State funds for employment service.
Section 28-42-49. - Appropriations for employment offices.
Section 28-42-50. - Applicability of administrative provisions.
Section 28-42-51. - Additional functions and duties of director of administration.
Section 28-42-52. - Implementation of administrative functions.
Section 28-42-53. - Procedural rules and regulations — Record of proceedings.
Section 28-42-54. - Administration of oaths — Subpoena of witnesses.
Section 28-42-55. - Enforcement of subpoenas — Appeal.
Section 28-42-56. - Witness fees.
Section 28-42-57. - Parties to judicial action.
Section 28-42-58. - Inter-agency arrangements for coverage.
Section 28-42-59. - Inter-agency arrangements for payment of compensation through single agency.
Section 28-42-60. - Cooperation with foreign governments.
Section 28-42-61. - Continuance of arrangements after changes in law.
Section 28-42-62. - [Repealed.]
Section 28-42-62.1. - Fraud and abuse.
Section 28-42-63. - [Repealed.]
Section 28-42-63.1. - Suspension or revocation of registration — New registration.
Section 28-42-64. - Failure to make contributions or reports.
Section 28-42-64.1. - Injunctive relief.
Section 28-42-65. - Pecuniary penalty for failure to file reports or pay contributions.
Section 28-42-65.1. - Engaging in business without registration.
Section 28-42-66. - Penalty for violations generally.
Section 28-42-67. - Disposition of fines.
Section 28-42-68. - Recovery of erroneously paid benefits.
Section 28-42-69. - Complaints to invoke penalties.
Section 28-42-70. - Prosecution of criminal actions.
Section 28-42-71. - Repeal or amendment of federal provisions.
Section 28-42-72. - Legislative control reserved.
Section 28-42-73. - Construction of provisions.
Section 28-42-74. - Severability.
Section 28-42-75. - Establishment of employment security interest fund — Sources.
Section 28-42-76. - Disbursements from interest fund — Unexpended balance.
Section 28-42-77. - Treasurer of interest fund — Bond — Investments.
Section 28-42-78. - Establishment of employment security tardy account fund — Sources.
Section 28-42-79. - Disbursements from tardy account fund — Unexpended balance.
Section 28-42-80. - Treasurer of tardy account fund — Bond — Investments.
Section 28-42-81. - Tuition costs.
Section 28-42-82. - Job development fund.
Section 28-42-83. - Job development fund — Establishment — Sources.
Section 28-42-84. - Job development fund — Disbursements — Unexpended balance.
Section 28-42-85. - Job development fund — Treasurer — Bond — Investments.
Section 28-42-86. - Employment security reemployment fund — Legislative findings.
Section 28-42-87. - Employment security reemployment fund — Establishment — Sources.
Section 28-42-88. - Employment security reemployment fund — Disbursements — Unexpended balance.
Section 28-42-89. - Employment security reemployment fund — Treasurer — Bond — Investments.