Rhode Island — Hiring & Onboarding

Rhode Island's Fair Employment Practices Act (FEPA) applies to employers with four or more employees. This threshold is substantially lower than the fifteen-employee minimum for Title VII coverage, making Rhode Island's coverage broader for small employers. The term "employer" under FEPA includes the state, its subdivisions, and every person employing four or more individuals within Rhode Island, as well as any person acting in the interest of an employer. The controlling statutory definition is currently codified at R.I. Gen. Laws § 28-5-6(7), which contains the operative threshold and language. Practitioners should note that subsection numbers have changed over prior codifications, so always confirm the current subsection at the official legislative site.

Source: R.I. Gen. Laws § 28-5-6(7)

Rhode Island requires all employers doing business in the state to report newly hired and rehired employees to the Rhode Island New Hire Registry within 14 days of the employee's date of hire. The date of hire is defined as the date the employee commences employment, but no later than the first day for which the employee is eligible for compensation. This obligation derives from federal welfare-reform legislation (the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) and is codified in Rhode Island General Laws Chapter 15-24, "Reporting of New Hires."

Who must be reported. An "employee" is a natural person who performs labor in Rhode Island and is employed by a Rhode Island employer for compensation for whom the employer withholds federal or state income tax. Employers must report all employees who reside or work in Rhode Island to whom they anticipate paying earnings, including:

• Temporary and seasonal employees, even if they work only one day;
• Part-time employees; and
• Rehires—any employee returning after a lapse in pay of 60 consecutive days or more for any reason (maternity leave, family leave, or other unpaid leave).

Independent contractors for whom the employer does not withhold income tax are not reportable as new hires under this requirement. The employer must decide whether an employer-employee relationship exists; generally, if work is performed based on a specific contract and the payor issues a Form 1099-MISC rather than a W-2, the worker is not reportable.

Reporting methods and timing. Employers may report by mailing or faxing a copy of the employee's Form W-4, or by submitting the information electronically through the Rhode Island New Hire Reporting Directory website at https://ri-newhire.com. The 14-day deadline applies if the employer reports on paper (W-4 or equivalent). If reporting electronically or magnetically, the employer must submit two monthly transmissions (if necessary) not less than 12 days and not more than 16 days apart.

The report must include:

• The employer's name, address, and federal employer identification number (FEIN);
• The employee's name, address, Social Security number, and date of birth;
• Information regarding whether the employer has employee dependent health care coverage available and the date on which the employee may qualify for coverage; and
• The address to which income-withholding orders and garnishments should be sent.

Multi-state employers. An employer with employees in multiple states may either (1) report new hires to each state in which it does business, or (2) designate one state where it has employees working and report all new hires from every state to that one state, provided the reporting is done electronically or magnetically and the employer has notified the U.S. Department of Health and Human Services of its designation.

Penalties. An employer who fails to report a new hire as required is liable for a civil penalty of $20 for each violation, as set by statute at R.I. Gen. Laws § 15-24-7. If the employer is shown to have conspired with the employee to avoid reporting, a civil penalty of $500 may be assessed, with liability joint and several between the employer and the employee.

Purpose. The state directory of new hires is matched against child-support enforcement records; within two business days after a new-hire report is entered into the directory, the Department of Administration forwards a wage-withholding order to the employer if the employee owes child support (unless the employee's income is not subject to withholding under R.I. Gen. Laws § 15-5-24). New hire reporting thus accelerates child-support collection, helps locate non-custodial parents who frequently change jobs, and reduces welfare, unemployment insurance, and workers' compensation fraud.

Source: R.I. Gen. Laws § 15-24-7

Key restriction — timing of inquiry: Rhode Island's "ban the box" statute prohibits most employers from including on an initial employment application any question regarding whether the applicant has ever been arrested, charged with, or convicted of any crime. Employers may not require disclosure of criminal history until at least the first interview or, if no interview is conducted, until a conditional offer of employment has been made. This requirement is codified at R.I. Gen. Laws § 28-5-7(7).

Scope — which employers, which jobs: The law covers both public and private employers in Rhode Island, regardless of size, with key exceptions.

Core text (§ 28-5-7(7)): > “No employer, whether public or private, shall include on any application for employment, including electronic applications, any question regarding whether the applicant has ever been convicted of a crime, arrested, or charged with a crime; nor shall any employer make any inquiry regarding such information until the first interview with the applicant. If no interview is conducted, the employer may make such inquiry after a conditional offer of employment has been made.”

Exceptions: Criminal history questions may be asked on the initial application where:

• State or federal law or regulation disqualifies an applicant with a conviction from holding the position sought;
• A standard fidelity or equivalent bond is required and the conviction would render the applicant ineligible;
• The job involves work with children, the elderly, or vulnerable populations, or meets other specific statutory carveouts.

Other obligations:

• The statute does not prevent employers from conducting a background check later in the hiring process if otherwise allowed by law.
• Employers should also review additional restrictions under the Fair Employment Practices Act (FEPA), which generally prohibits discrimination against individuals with a record of arrest that did not result in conviction, except in certain licensed professions (R.I. Gen. Laws § 28-5-7(6)).

Enforcement: This restriction is enforced by the Rhode Island Commission for Human Rights. Employers who violate the law may be subject to administrative fines and civil penalties.

Source: R.I. Gen. Laws § 28-5-7(7)

Effective January 1, 2026, Rhode Island employers must provide a specific written notice to employees at the time of hire, as amended under the Payment of Wages Act (R.I. Gen. Laws § 28-14-2.2). This section summarizes the new requirements, which expand what must be disclosed to new hires and add explicit retention and penalty provisions.

Required content of written notice: The written notice to each new hire must include the following information:

• The rate or rates of pay and the basis thereof (hourly, salary, piece rate, etc.);
• The employee’s regular payday;
• The name of the employer, including any "doing business as" (DBA) names;
• The physical address, mailing address (if different), and telephone number of the employer's main office or principal place of business;
• Any allowances claimed by the employer as part of the minimum wage (such as tips, meals, or lodging);
• The overtime rate of pay (for non-exempt employees);
• A statement that the employer is required to notify the employee in writing of any changes to this information before the changes take effect.

Form and language requirements: Employers must provide the notice in English and, if applicable, in the employee's primary language as identified by the employee. The Department of Labor and Training is directed to prepare template notices in English and other commonly spoken languages.

Retention requirement: Employers must retain copies of the written notices and any signed acknowledgments for at least three years from the date of an employee’s separation. These records must be available for inspection by the Department of Labor and Training upon request.

Penalties for non-compliance: Failure to provide the required new-hire notice is a violation of the Payment of Wages Act. Civil penalties include a fine of up to $500 per violation, and repeated violations may trigger further sanctions. The statute authorizes the Department of Labor and Training to enforce these requirements and to order payment of back wages and damages for affected employees.

Source: R.I. Gen. Laws § 28-14-2.2

Rhode Island law prohibits most employers from seeking or relying on an applicant’s wage or salary history (collectively, “wage history”) when making hiring decisions or setting pay, with specific and narrow exceptions.

1. Core prohibitions (R.I. Gen. Laws § 28-6-22(a)):

• Employers in Rhode Island are not permitted to rely on an applicant’s wage history in deciding whether to consider them for employment, to require that an applicant’s prior compensation meet minimum or maximum criteria, or to use wage history to set compensation for new hires.
• Employers may not seek wage history from an applicant or from the applicant’s current or former employer, whether directly or through an agent.

2. Limited exception for voluntary disclosure after offer (§ 28-6-22(b)):

• If an applicant voluntarily (and without prompting) discloses their wage history after the employer has made a job offer that includes a compensation amount, the employer may rely upon or seek to confirm only that voluntarily disclosed wage history.
• This wage history may only be used to support a wage higher than the employer’s initial offer and cannot lead to a pay differential that would violate Rhode Island’s Equal Pay Law (§ 28-6-18(a)).
• Employers who inadvertently become aware of an internal candidate's wage history (because the applicant already works for the employer) are not in violation.

3. Wage range disclosure (§ 28-6-22(c)):

• Rhode Island employers are required to provide the wage range for a position upon applicant request, ideally prior to discussing compensation.
• Employers must also provide wage ranges to employees at hire, on transfer, and upon request.

4. Prohibition on retaliation (§ 28-6-22(e)):

• Employers cannot refuse to interview, hire, or retaliate against an applicant or employee for failing to provide wage history, or for requesting the wage range.

Enforcement and related rules: Violation of these rules is an unlawful employment practice under state law. Regulation 260-RICR-30-05-8.6 also bars retaliation against applicants or employees who exercise rights under this section.

Source: R.I. Gen. Laws § 28-6-22 Source: 260 RICR 30-05-8.6

Rhode Island does not mandate E-Verify participation for private employers—use of the federal electronic employment eligibility verification system (E-Verify) is voluntary unless required by a separate federal obligation (such as a qualifying federal contract). As of June 2026, there is no state law or regulation requiring private employers in Rhode Island to use E-Verify as part of the hiring process.

Past executive action and subsequent repeal. Rhode Island did briefly require E-Verify for state agencies and certain state contractors under Executive Order 08-01, issued in 2008 by then-Governor Carcieri. That requirement was rescinded by Executive Order 11-02 in 2011 by Governor Chafee, and there is no current executive or administrative order in force mandating E-Verify use for any class of Rhode Island private-sector employers or state contractors.

Legislative attempts and current law. The Rhode Island General Assembly has considered but not passed various bills proposing mandatory E-Verify use for public and/or private employers. Most recently, the 2024 legislative session saw the introduction of Senate Bill S-2649, which would have required private employers to use E-Verify, but the bill was not enacted into law as of June 2026. A search of the Rhode Island General Laws and regulatory code confirms no active requirement.

Federal context. All Rhode Island employers remain subject to the federal Form I-9 requirement under 8 U.S.C. § 1324a. Participation in E-Verify is still mandatory for Rhode Island employers who hold qualifying federal contracts that include the FAR E-Verify clause (FAR 52.222-54), but otherwise remains voluntary.

Bottom line. Unless the employer is compelled by a specific federal contract, E-Verify use is not required by Rhode Island law and remains a voluntary option. Employers concerned about compliance should monitor legislative activity, as this area has seen repeated (though so far unsuccessful) attempts at change.

Source: Rhode Island General Laws Search | S-2649 (2024) Bill Text | FAR 52.222-54 | 8 U.S.C. § 1324a