Phase III of Legislative Session to Begin
 
Last week the legislature was on break, thus leaving little to say about legislative activity.  This will mark the beginning of the third phase of the legislative session.  Between now and July 1st the legislature will endeavor to pass a budget and negotiate controversial bills if possible, and decide which less contentious bills will become law in 2018.   This week the following bills will be considered:
 
Wednesday -
 
The House Judiciary Committee will take testimony on H.7500 (Reps Shanley, Coughlin, Solomon, Blazejewski, and Barros) which requires all residential property landlords to have a general liability insurance policy in place to cover up to $100,000 for those injured on the premises due to the landlord’s negligence.  A landlord must be able to show proof of coverage in any trespass action or possession action, otherwise the case cannot move forward until the liability policy is in full force and effect.
 
Unemployment benefits is the topic of discussion in the Senate Labor Committee.  S.2806 (Senator McCaffrey) increases the maximum weekly unemployment benefit rate to the higher of fifty-seven and one-half percent (57.5%) of the average weekly wages paid to workers in the prior calendar year or six hundred sixteen dollars ($616) per week.  The current maximum benefit rate is $566 per week – the 10th highest in the country.  S.2806 would also increase the maximum weekly dependents’ allowance from $141 to $154. 
 
 
The following bills were filed last week:
 
Due to the legislative break, no bills of interest were filed.

Grace Barker Health, a skilled nursing, short-term rehabilitation, assisted living and adult day health provider located in Warren, has launched a new mobile-friendly website that is redesigned and modernized for ease of navigation and viewing on hand-held electronic devices.
 
New features of the website include drone video footage, patient and family testimonials, helpful links to complementary health and wellness organizations serving seniors in the area, a careers page for staff recruitment, and updated photos of staff, facilities and patient services. 
 
Located along the scenic Warren River on a private campus convenient to the town’s center, the ‘Grace Barker difference’ has been framed by its family-owned and operated legacy since it first opened its doors in 1966.  Mary Beth and Mark Lescault, the founder’s daughter and son-in-law, have been at the helm since the early 1990’s keeping the same high standards that were set years ago by both Grace Barker and Linda Machado.
 
“This is our life’s work, this is what we do and this is who we are,” states Mark. “Our new website not only reflects this commitment to quality and compassionate healthcare options for people as they age, but it also makes it easier for prospective families to learn about us and for current family members to be more connected with the residents, staff and happenings here at Grace Barker Health.”
 
To learn more about Grace Barker Health or to schedule a tour, please visit the new website at www.gracebarkerhealth.com or call 401-245-9100.

The Senate Labor Committee recommended passage S.2475 SubA unanimously last week (with a few amendments to the original bill).  The House Labor Committee has scheduled the House version - H.7427 – for a hearing Thursday, April 12th at approximately 4:30 pm in room 205 at the state house. 
 
These bills states, “No employer shall pay any of its employees at a wage rate less than the rate paid to employees of another race or color, religion, sex, sexual orientation, gender identity or expression, disability, age (40+), or country of ancestral origin for comparable work.”  Comparable work means “work requires comparable skill, effort and responsibility, and is performed under similar working conditions.”
 
An employer can pay employees differently if the differential is based on: (1) seniority, (2) a merit system, (3) a system that measures earnings by quantity or quality of production or is a bona fide factor such as travel, or a business necessity.  However – and it’s a big however – if the employee can show that an alternative to the business practice exists that would serve the same business purpose, and the business refuses to adopt this alternative, then the wage differential is unacceptable and the employer is in violation of the law.
 
Employers cannot ask for wage history at the time of an interview or at the time of offering a job.  An employee can offer his/her wage history voluntarily at the time a final salary is being negotiated.
 
Employers cannot lower anyone’s wages in order to meet the equal pay requirement.  Wages can only be increased.
 
Any employee that successfully challenges his/her wages is entitled to unpaid back wages, benefits, other compensatory damages and liquidated damages equal to three times the unpaid wages and benefits owed.  An employer who asks for salary history can be on the hook for up to $10,000 in special damages and punitive damages if the asking was deemed to have been done with malice or reckless indifference.
 
One amendment to the Senate bill allows the Department of Labor and Training or the court to lower any penalties assessed on an employer if the employer conducted a “fair pay analysis of the employer’s pay practices” within 3 years of the date an employee files a complaint.  The analysis must be (1) reasonable in detail and in scope based on the size of the employer, and (2) the analysis had to cover the protected class of the employee that filed the complaint; (3) the employer must have eliminated ay wage differential; and (4) the employer must collect data every year on the wages paid to employees broken down by gender, age, ethnicity, etc.
 
House Labor to Hear Minimum Wage Hike
 
On Thursday, April 12th the House Labor Committee will also be taking testimony on H.7636 (Reps. Ranglin-Vassell, Regunberg, Ajello, Hull and Bennett) which increases the minimum wage to $11 per hour as of January 1, 2019, and raises the wage every January 1st thereafter by $1 per hour until the wage reaches $15 per hour on January 1, 2023.  The wage would then increase every year based on the CPI index.  H.7636 also increases the tipped wage to $5 per hour starting January 1, 2019 and increase $1.25 every year thereafter until it matches the minimum wage.  This change would likely lead to the adoption of the European model for restaurants where tipping is not permitted.  The Chamber opposes the passage of H.7636.
 
Senator Labor Looks at Hoisting Engineer Apprenticeship Requirement
 
S.2620 is on the list of bills to be discussed at the Senate Labor Committee Wednesday, April 11th at approximately 4:30 in room 212.  This bill by Senators Ciccone, P Fogarty, Lombardi, and Nesselbush would require hoisting engineers to complete a 6,000 hour on-the-job training program as well as 432 hours of classroom training prior to obtaining a hoisting engineer’s license.  This new apprenticeship program governed by the Department of Labor, would not be required for those individuals with “restricted licenses,” or for individuals operating aerial lifts and hoisting equipment used in the assembly of elevators. 
 
The following bills were filed last week:
 
Senate Bill No. 2790
BY  Morgan, Paolino
ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - BREACH OF PERSONAL INFORMATION NOTIFICATION ACT (Establishes procedures to notify individuals of any breaches of their unencrypted personal information and penalties for any violation.)
 
Senate Bill No. 2806
BY  McCaffrey
ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - BENEFITS (Increases the maximum weekly unemployment benefit rate to the higher of fifty-seven and one-half percent (57.5%) of the average weekly wages paid to workers in the prior calendar year or six hundred sixteen dollars ($616) per week.)
 

The East Bay Chamber of Commerce would like to congratulate all the Winners of the Annual Restaurant Challenge, Beer & Wine Tasting Event held on March 23rd, 2018 at St. Andrews School in Barrington. Over One Hundred guests attended and voted for their favorites.  Favorite Overall Winner was Richardson’s Kitchen and Bar, Best Appetizer: 401 Gourmet Caterers, Best Entrée: Richardson’s Kitchen and Bar, Best Pizza: Brickyard Pizza, Best Dessert: Crepelicious, Best Gluten Free: Fit Dad Cooking, Best Presentation: Merienda Tapas Cicchetti & Wine Bar.  Also participating were The Lobster Pot, Bristol Oyster Bar, Palm’s Sauces, and The Revival Craft Kitchen and Bar.  Thank you to all who made this event a great success! 

Thank you to our Sponsors: BankFive, Navigant Credit Union, Farmer & First, CPA's, Ramada, and East Bay Newspapers

Overall Favorite Grand Winner: Richardson's Kitchen & Bar
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For more photos click here 

​After taking testimony on S.2475 last week, the Senate Labor Committee has scheduled an April 4th VOTE on S.2475 (Senators Goldin, Goodwin, Ruggerio, Lynch Prata, and McCaffrey) which requires employers to pay employees at the same wage rate if they work in “comparable” jobs.  If an employer is deemed to be in violation of this act, the employer can not cure the situation by lowering the wages of other employees.  Any employee that successfully challenges his/her wages is entitled to unpaid back wages, benefits, other compensatory damages and liquidated damages equal to three times the unpaid wages and benefits owed.  The Chamber opposed S.2475 siting the lack of a workable definition for “comparable” work and the tremendous opportunity for costly litigation.  It’s unclear whether the bill may be amended in any way.  The bill can be found at http://webserver.rilin.state.ri.us/BillText/BillText18/SenateText18/S2475.pdf
Please contact your senator and express your concerns about the wording of this bill.
 
The second bill that is scheduled for a vote on April 4th is S.2638 (Senators Goodwin and Goldin).  Like S.2475, this bill was heard in the committee last week.  S.2638 requires businesses with 100 or more employees to file an annual report with the Department of Labor.  The report must contain information regarding the compensation and hours worked by employees broken down by gender, race, ethnicity, and job category.  Should an employer fail to submit the report, the Department can file and action in court to compel the company to comply.  The Chamber opposes S.2638.  If your company has 100 or more employees, contact your senator today!
 
 
Tuesday, April 3rd, the Senate Health and Human Resources Committee will take testimony on S.2237 (Senators Calkin, Seveney, Euer, Goldin, and Miller).  This bill eliminates the current health care system in Rhode Island and replaces it with a universal plan called the “Rhode Island Comprehensive Health Insurance Program” (RICHIP).  The program would cover:  primary and preventative care; dietary and nutritional therapies; inpatient care; outpatient care; emergency and urgently needed care; prescription drugs and medical devices; laboratory and diagnostic services;  palliative care; mental health services; oral health, including dental services, periodontics, oral surgery, and endodontics; substance abuse treatment services; physical therapy and chiropractic services;  vision care and vision correction; and hearing services, including coverage of hearing aids.  The program would be funded through a 10% payroll tax (80% paid by the employers and 20% paid by employees), a tax on income, with higher income brackets paying higher contributions, a 10% tax on unearned income, and a 10% payroll tax on self-employed individuals – of which that person pays 100% of the tax. 
 
The following bills were filed last week:
 
House Bill No. 8004
BY  McKiernan, O'Brien, Craven, McEntee, Williams
ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY - BENEFITS (Increases the maximum weekly unemployment benefit rate to the higher of fifty-seven and one-half percent (57.5%) of the average weekly wages paid to workers in the prior calendar year or six hundred sixteen dollars ($616) per week.)
 
House Bill No. 8014
BY  Blazejewski, Bennett, Regunberg, Fogarty, Tanzi
ENTITLED, AN ACT RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS -- MENTAL HEALTH CONSUMER ADVOCATES OF RHODE ISLAND -- OASIS WELLNESS AND RECOVERY CENTER (Establishes a mental health consumer advocate and wellness recovery center to provide support for those suffering from mental health issues and would appropriate two-hundred ninety five thousand dollars ($295,000) to operate the program.)
 
House Bill No. 8015
BY  McKiernan, Williams, Lombardi, Hull, Lima
ENTITLED, AN ACT RELATING TO TAXATION -- PROPERTY SUBJECT TO TAXATION (Places limitations on the tax exempt real and personal property a nonprofit college, university or hospital may hold.)
 
House Bill No. 8016
BY  Tobon, Barros, Maldonado, Diaz, Edwards
ENTITLED, AN ACT RELATING TO TOWNS AND CITIES -- STATE AID (Appropriates $4,000,000 to the city of Pawtucket to clean and cap the city's municipal transfer station, and further appropriates another $1,000,000 to the city to market the property for a renewable energy facility or facilities.)
 
House Bill No. 8022
BY  Edwards, Keable, Johnston, Casey
ENTITLED, AN ACT RELATING TO LABOR AND LABOR RELATIONS -- UNLAWFUL EMPLOYMENT PRACTICES (Prohibits an employer, employment agency, labor organization, or employee, to commit any act declared to be an unlawful employment practice; individuals would be held personally liable for such conduct.)
 
Senate Bill No. 2747
BY  Euer, Coyne, Miller, Sosnowski, Calkin
ENTITLED, AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND GLOBAL WARMING SOLUTIONS ACT (Establishes the Rhode Island global warming solutions act to reduce carbon emissions across various sectors of the local economy.)