![]() “Reasonable shift differential, which is not based upon or derived from a differential in compensation based on characteristic.”.“Geographic location when the locations correspond with different costs of living, provided, that no location within the state of Rhode Island will be considered to have a sufficiently different cost of living.”.“A system that measures earnings by quantity or quality of production.”.“A seniority system provided, however, that time spent on leave due to a pregnancy related condition or parental, family and medical leave shall not reduce seniority.”.While the current version of Rhode Island’s equal pay law contains only four limited exceptions, the new law contains eight exceptions-including a broad, catchall exception modeled largely on “business necessity” defense of Title VII of the Civil Right Act of 1964 (“Title VII”) to disparate impact claims-permitting wage differentials if they are the result of the following: Expanded ProtectionsĮffective January 1, 2023, Rhode Island’s equal pay law will extend from protecting sex alone to also prohibiting wage differentials based on race, color, religion, sexual orientation, gender, gender identity or expression, disability, age, and country of ancestral origin for “comparable work.” Under the amended statute, “comparable work” means “work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions.” Whether two jobs are comparable turns on “an analysis of the jobs as a whole,” and “inor differences in skill, effort, or responsibility” will not undermine comparability. Specifically, the amendments, which take effect on January 1, 2023, expand the scope of the equal pay law’s protections to various characteristics in addition to sex provide for additional scenarios where wage differentials are permissible prohibit employers from asking about an applicant’s wage history enact pay transparency requirements create a “safe harbor” defense for employers that have audited their pay practices and remedied any disparities prohibit retaliation against employees for exercising their rights under the law and require employers to post a notice of employees’ rights under the law. On July 6, 2021, Rhode Island amended its Wage Discrimination Based on Sex law (R.I. ![]() ![]() EXPANDED EQUAL PAY PROTECTIONS & EMPLOYER RESPONSIBILITIES This Insight explains what this legislative activity means for employers and how they can bring their practices into compliance with the amended laws. Finally, the legislature extended, beginning in 2022, temporary caregiver leave for Rhode Island employees. Second, Rhode Island amended its whistleblower law to broaden the scope of activity it protects and to authorize the recovery of treble damages. First, the legislature overhauled Rhode Island’s equal pay law to expand its protections while providing employers with additional defenses to an equal pay claim. While many Rhode Islanders were spending time at their favorite beach this summer, the General Assembly was busy significantly amending three employment laws.
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