§ 28-6-21. Penalty for violations. [Effective until January 1, 2023.]
Any employer who violates any provision of §§ 28-6-17 — 28-6-21, or who discharges or in any other manner discriminates against any employee because the employee has made any complaint to his or her employer, the director of labor and training, or any other person, or instituted or caused to be instituted any proceeding under or related to §§ 28-6-17 — 28-6-21, or has testified or is about to testify in any proceeding, shall, upon conviction, be punished by a fine of not more than two hundred dollars ($200) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.
History of Section.P.L. 1946, ch. 1786, § 5; G.L. 1956, § 28-6-21.
§ 28-6-21. Penalty for violations. [Effective January 1, 2023.]
(a) In addition to any other relief to which any aggrieved party may be entitled for such a violation, an employer who violates § 28-6-18 or § 28-6-22 may be liable for a civil penalty to be paid to the department of labor and training. That penalty shall be set within the following ranges:
(1) Up to one thousand dollars ($1,000) for a first violation;
(2) Up to two thousand five hundred dollars ($2,500) for a violation where the employer has had one violation of § 28-6-18 or § 28-6-22 within the five (5) years prior to the complaint or action being filed; or
(3) Up to five thousand dollars ($5,000) for a violation where the employer has had two (2) or more violations of § 28-6-18 or § 28-6-22 within the seven (7) years prior to the complaint or action being filed.
(b) In determining the amount of any penalty imposed under this section, the director or the court shall consider the size of the employer’s business; the good faith of the employer; the gravity of the violation; the history of previous violations; and whether or not the violation was an innocent mistake or willful. The director or the court may lower any penalty imposed under this section if the employer demonstrates that they completed a self-evaluation as defined in § 28-6-24.
(c) No civil penalties shall be assessed from January 1, 2023, to December 31, 2024.
History of Section.P.L. 1946, ch. 1786, § 5; G.L. 1956, § 28-6-21; P.L. 2021, ch. 168, § 2, effective January 1, 2023; P.L. 2021, ch. 169, § 2, effective January 1, 2023.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-6 - Wage Discrimination Based on Sex
Section 28-6-1 - — 28-6-16. [Repealed.]
Section 28-6-17. - Definitions. [Effective until January 1, 2023.]
Section 28-6-18. - Wage differentials based on sex prohibited. [Effective until January 1, 2023.]
Section 28-6-19. - Enforcement of provisions. [Effective until January 1, 2023.]
Section 28-6-21. - Penalty for violations. [Effective until January 1, 2023.]
Section 28-6-22. - Wage history and wage range. [Effective January 1, 2023.]
Section 28-6-23. - Regulations. [Effective January 1, 2023.]
Section 28-6-24. - Self-evaluation by employer. [Effective January 1, 2023.]