State Record Retention Requirements – RI

RHODE ISLAND

Wage and Hour 

Employers must keep records of every employee’s name, address, occupation, rate of pay, hours each day and pay period worked, and amount paid each pay period for three years.  

Worker Injuries, Health, and Safety: 

State and local agencies must keep records of occupational injuries and illness, but the state is silent as to how long. Employers are required to make, keep and preserve such records, as required by state and local agencies. Chemical identification lists required by the Hazardous Substances Right to Know Act must be kept for 30 years.  

Other Employment Records: 

Employers required to conduct criminal records checks must keep records showing that the check was done, but the statutes do not say for how long.  Employers that must enact a sexual harassment policy must keep the policy on hand, but the statute does not say for how long.  

Does your state give employees a legal right to examine their own personnel files? 

Employees’ Rights: 

Employees have the right to examine their personnel files three times annually provided they give their employer at least seven days’ notice. Files include information used to determine qualifications, promotion, additional compensation, termination, or disciplinary action. Employees aren’t entitled to make copies of the file or remove it from the employer’s place of business. Employers may, however provide employees with a copy of the file and charge a reasonable amount for the copy costs. 

Former Employees’ Rights: 

  No distinction made between current and former employees. 

Covered Employers: 

  Statute gives no definition of employer 

Citation to Authority – Click on links to view statutes: 

RI Gen. Laws § 28-12-12  Records of employers 
RI Gen. Laws § 28-42-38  Records/reports- confidentiality 
RI Gen. Laws § 28-39-14   Employer’s records – disability 
RI Gen. Laws § 28-20-10  Records – illness/injury 
RI Gen. Laws § 28-20-11   Recordkeeping requirements 
RI Gen. Laws § 28-20-1   Definitions 
RI Gen. Laws § 28-21-6   Access to written records – hazardous substances 
RI Gen. Laws § 40.1-25.1-3  Advocacy system – right of access 
RI Gen. Laws § 16-2-18.2   Prior criminal record checks 
RI Gen. Laws § 16-48.1-5   Educational services – young children 
RI Gen. Laws § 23-17-34  Licensing – health care facilities 
RI Gen. Laws § 23-17.4-27   Criminal records review – assisted living facilities 
RI Gen. Laws § 40-13.2-3   Background checks – childcare 
RI Gen. Laws § 40-13.2-5  Criminal records check – childcare 
RI Gen. Laws § 40-13.2-5.1   Criminal records check – youth-serving agency 
RI Gen. Laws § 28-51-2   Sexual harassment policy/training 
RI Gen. Laws. §§ 28-6.4    Inspection of personnel files