Your pay rights in Rhode Island
Rhode Island Pay Equity Act (wage history and wage range provisions) (R.I. Gen. Laws § 28-6-22 (with §§ 28-6-17, 28-6-19, 28-6-20, 28-6-21); P.L. 2021, ch. 168 and ch. 169)
Rules in effect since January 1, 2023
Rhode Island employers don't have to post pay in job ads, but they must give you the pay range if you ask. Employers may not ask about or rely on your pay history.
Who is covered
The law uses Rhode Island's general wage-law definition of employer and sets no minimum number of employees. It covers work done mostly in Rhode Island. Job ads do not have to include pay; the range is given on request.
What you must be told about pay
- No posting requirement. Rhode Island law does not require pay ranges in job ads; employers must give the range on request.
Pay history
Employers may not ask about your past pay, or use it to decide whether to consider you or what to pay you. They also may not require your past pay to meet a minimum or maximum. If you share it on your own after an offer, they may use it only to offer you more.
What you can do
- Ask for the pay range for the job you are applying for, and the employer must give it. The law says employers should give it before discussing pay.
- Once hired, get the pay range for your job when you start, when you move to a new job, and whenever you ask.
- The employer cannot refuse to interview or hire you, or retaliate, because you did not share your pay history or you asked for the range.
- File a complaint with the Director of the Department of Labor and Training, or sue in court. Either way, file within 2 years of when you knew or should have known about the violation, or within 3 years for a willful violation.
Where to report a violation
In court: your actual losses (compensatory damages) or special damages of up to $10,000, fair relief such as an order, and attorney's fees and costs. Civil penalty paid to the state: up to $1,000 for a first violation, up to $2,500 if the employer had one violation in the past 5 years, and up to $5,000 if it had two or more in the past 7 years.
Sources
- R.I. Gen. Laws § 28-6-22. Wage history and wage range
- R.I. Gen. Laws § 28-6-17. Definitions
- R.I. Gen. Laws § 28-6-19. Enforcement of provisions
- R.I. Gen. Laws § 28-6-20. Liability of employer
- R.I. Gen. Laws § 28-6-21. Penalty for violations
- Pay Equity Act notice (Rev. 12/2022), RI Department of Labor and Training
Rhode Island is a range-on-request state, not a posting state; no posting requirement had been enacted as of the last check. Some secondary sites list higher penalty ranges; the statute sets maximums of $1,000, $2,500 and $5,000, and the statute controls.