Complete Guide to Rhode Island Pay Transparency and Pay Equity Compliance

Pay equity and transparency laws in Rhode Island have reshaped the employer-employee relationship when it comes to wages. With the introduction of the Pay Equity Act, employers now have clear obligations to ensure fair compensation practices and disclose wage ranges under specific circumstances. These measures aim to eliminate wage discrimination and promote fairness in the workplace.

For employers, compliance is not optional. The Pay Equity Act outlines precise requirements, from disclosing salary ranges to addressing wage disparities for comparable work. Failing to meet these obligations can lead to significant penalties and reputational damage, making it important to address these regulations head-on.

This guide explains Rhode Island pay transparency and pay equity laws in detail, focusing on the requirements for salary range disclosures and the steps employers must take to maintain compliance.

Rhode Island Pay Transparency Requirements

The Pay Equity Act is Rhode Island’s comprehensive legislation that prohibits wage discrimination based on characteristics such as race, gender, sexual orientation, age, disability, and others. The law requires employers to pay employees equally for comparable work, defined as work requiring substantially similar skill, effort, and responsibility under similar working conditions. This comparison applies regardless of job titles or minor differences in job duties.

Employers must also provide wage ranges upon request for both newly created and existing roles. A wage range refers to either the pay scale currently used for the position or any formal range established for similar roles within the organization. This requirement ensures consistency in pay transparency across all job levels and functions.

Salary Range Disclosure

Employers have specific obligations regarding wage range disclosure. For job applicants, the law requires employers to provide the wage range if the applicant requests it and before any discussions about compensation begin. This ensures candidates have a clear understanding of the salary expectations before advancing in the hiring process.

For current employees, employers must share wage ranges at critical points in their employment. This includes during the hiring process, when an employee transfers to a new position, or whenever an employee specifically asks for the wage range related to their role. By requiring these disclosures, the law promotes transparency and reduces pay inequities that may arise over time.

Salary History Ban

Rhode Island's Pay Equity Act prohibits employers from asking for or relying on an applicant's salary history before making an initial job offer. This requirement helps prevent wage disparities from following employees throughout their careers and reinforces fair pay practices during the new hire process.

Employers are not permitted to directly inquire about previous wages, whether during interviews, job applications, or background checks. Compensation decisions must focus on the wage range for the role and the candidate's skills, experience, and qualifications.

There is one narrow exception to this rule. If a candidate voluntarily provides their prior salary information after receiving a job offer, the employer may use the information to increase the proposed pay. However, the adjustment must not result in an unlawful wage disparity within the company.

To ensure compliance:

• Avoid asking salary-related questions. Do not include fields for wage history on job applications or forms, and refrain from discussing it in conversations.

• Train hiring teams thoroughly. Provide clear guidance to all staff involved in recruitment, including external recruiters, to eliminate prohibited practices.

• Document pay decisions transparently. Keep detailed records of how compensation offers are determined to show adherence to the law if needed.

The salary history ban aims to create a level playing field for all job applicants. Employers must prioritize fair compensation practices and focus on equitable pay structures rather than relying on past earnings as a benchmark.

Comparable Work and Permissible Pay Differentials

Rhode Island pay transparency and pay equity laws prohibit employers from paying unequal wages for comparable work based on protected characteristics. Comparable work is defined as roles requiring substantially similar skills, effort, and responsibility, performed under similar working conditions. Job titles alone are not enough to determine whether work is comparable—what matters is the actual substance of the work.

Some differences in pay are allowed under specific circumstances. These exceptions must be based on objective, job-related criteria and applied consistently across the organization.

Permissible Pay Differentials

Employers can justify pay variances for comparable work only when they are tied to legitimate factors, such as:

• Seniority systems: Structured, documented systems that reward employees for their tenure with the company.

• Merit-based systems: Compensation tied directly to measurable performance metrics, such as exceeding sales targets or achieving specific work goals.

• Production-based pay: Wages determined by the quantity or quality of work produced, such as commission-based roles.

• Geographic location or shift differentials: Adjustments to reflect regional cost-of-living differences or pay rates for working night or weekend shifts.

• Job-related education, training, or experience: Higher wages for employees with qualifications that enhance job performance, such as a specialized certification or advanced degree.

Employers must document these factors thoroughly and ensure they directly relate to the job requirements. Without clear documentation, pay discrepancies can be challenged as discriminatory.

Protected Categories

Rhode Island's laws protect employees from pay disparities based on characteristics such as race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of origin. Employers cannot use these characteristics to justify unequal pay for comparable work.

Wage gaps that cannot be explained by the permissible factors listed above are considered unlawful. Employers must actively review pay practices and correct any unjustified disparities.

Lowering wages to comply with the law is not an option. Instead, employers must increase pay for underpaid employees to achieve compliance.

Self-Evaluation and Safe Harbor

Rhode Island employers have a clear path to reduce liability under pay equity laws by conducting a self-evaluation of pay practices. This process, known as "safe harbor," provides protection from certain penalties if employers identify and resolve wage disparities within a specific timeframe. The opportunity is time-sensitive, and the steps must be followed precisely.

Safe Harbor Period

The safe harbor period runs through June 30, 2026. Employers who complete a thorough review of their compensation practices and correct any unlawful pay gaps during this time can avoid compensatory damages, liquidated damages, and civil penalties if legal claims arise. However, this protection only applies if the evaluation meets specific criteria and demonstrates genuine compliance efforts.

The self-evaluation must be conducted within the two years leading up to any pay equity complaint. Employers are expected to analyze wages across comparable roles and identify discrepancies that violate pay equity laws.

Correcting Wage Disparities

Once the self-evaluation is complete, employers have a strict 90-day window to address any pay disparities. Wage adjustments must bring underpaid employees into compliance with the law. Reducing wages for higher-paid employees is prohibited, so the burden falls on employers to increase pay where necessary.

Documentation plays a major role in this process. Employers must keep detailed records of the evaluation, the findings, and the corrective actions taken. These records provide critical evidence if the review is later scrutinized during a legal dispute.

Legal Protections

Employers who meet the safe harbor requirements gain significant protections. During the safe harbor period, they cannot be held liable for compensatory or liquidated damages, nor can they face civil penalties. However, they may still be responsible for unpaid wages or other equitable remedies if any disparities remain uncorrected.

After June 30, 2026, employers who perform good-faith self-evaluations and promptly address disparities may still reduce exposure to punitive damages. Although the scope of protection narrows, consistent compliance efforts can demonstrate a strong commitment to fair pay practices.

The safe harbor process is straightforward but requires attention to detail and timely action. Employers should prioritize regular reviews of their pay practices to avoid compliance risks and ensure equitable treatment for all employees.

Penalties and Enforcement

The Rhode Island Department of Labor and Training (RIDLT) enforces compliance with pay transparency and pay equity laws. Employers who fail to meet the law's requirements face direct consequences, including financial penalties and legal action. RIDLT has the authority to investigate complaints, audit pay practices, and penalize businesses for violations.

Civil Penalties

Fines for noncompliance range from $1,000 to $5,000 per violation. RIDLT considers several factors when determining the amount:

• Previous violations: Repeat offenders face higher penalties.

• Employer size: Larger organizations may be subject to stricter fines.

• Intentions: Willful or deliberate violations result in harsher penalties, while good faith efforts to comply may reduce fines.

• Severity of the violation: The nature and impact of the noncompliance are taken into account.

The grace period for civil penalties expires on December 31, 2024. Starting in 2025, any violation uncovered during an RIDLT investigation may lead to fines.

Employee Compensation

Employees impacted by noncompliance can file complaints with RIDLT or pursue legal action in court. They may recover:

• Unpaid wages: Compensation for wage disparities caused by violations.

• Special damages: Up to $10,000 for harm resulting from unequal pay.

• Liquidated damages: An amount equal to twice the unpaid wages owed.

• Attorney fees and court costs: Reimbursement for legal expenses.

Courts may also order reinstatement to a previous role, including seniority and lost benefits. Employers found guilty of willful violations may face additional punitive damages.

Retaliation Protections

Employees are protected from retaliation when they request wage ranges, report violations, or participate in investigations. Actions such as termination, demotion, or harassment related to these activities can lead to elevated penalties and further legal consequences. RIDLT prioritizes enforcement of anti-retaliation measures and may escalate cases to the state attorney general when necessary.

RIDLT Enforcement Process

RIDLT investigations can begin with an employee complaint or as part of a routine compliance review. Employers are required to cooperate fully by providing payroll records, pay policies, and any requested documentation. Refusal to comply or failure to provide accurate information can result in additional penalties.

Maintaining organized and accurate records of pay practices, self-evaluations, and wage adjustments is critical. Proper documentation demonstrates compliance and may reduce penalties during an investigation.

Employer Checklist for Compliance

Employers in Rhode Island have concrete responsibilities to meet the requirements of pay transparency and pay equity laws. Taking proactive steps can help avoid compliance issues and ensure fair compensation practices across your organization. Below is a straightforward checklist to follow, with practical actions to keep everything on track.

Add Wage Ranges to Job Postings

Every job posting needs to include a specific wage range that aligns with your organization's actual pay scale or formal salary bands for similar roles. Avoid vague phrases like "salary negotiable" or "competitive pay." Provide clear numbers, such as "$50,000–$60,000 annually" or "$25–$30 per hour." Review postings regularly, especially for frequently advertised roles, to ensure they meet current transparency requirements.

Train Hiring Teams on Compliance

Recruiters, managers, and anyone involved in hiring must understand the rules around compensation discussions. For example, avoid asking candidates about their previous salaries at any point before extending an initial offer. Instead, focus on the wage range established for the role and how the candidate's qualifications align with it. Conduct formal training sessions to reinforce compliance and establish consistent communication practices during hiring.

Perform Internal Pay Audits

Conduct an internal review of pay practices to identify disparities in wages for comparable roles. Use objective criteria, such as seniority or merit, to justify any differences. If pay gaps cannot be explained by legitimate factors, adjust wages upward for affected employees. Document the entire process, from the methodology used to the specific adjustments made, to demonstrate compliance with pay equity laws.

Display Employee Rights Notices

Place the required notice about employee rights under Rhode Island's Pay Equity Act in a prominent location, such as break rooms, near time clocks, or in common areas. The Rhode Island Department of Labor and Training provides this notice. Download it, print it, and post it where employees can easily read it. Failing to display the notice could lead to penalties, so double-check that it remains visible and undamaged.

Maintain Records for Wage Determination

Keep detailed documentation showing how wage ranges are determined for each role. Include records of market research, job evaluations, and any internal compensation structures used to set pay scales. These records provide valuable support if there are questions about your wage practices in the future. Transparency in your methods protects your organization and builds trust with employees.

Use HR Software for Pay Monitoring

An HR platform designed for compliance can simplify ongoing management of pay equity and wage transparency. Look for software that tracks wage ranges, flags inconsistencies, and generates audit reports. Automating these processes reduces the risk of errors and ensures consistent adherence to Rhode Island's laws. A well-integrated system can also store compliance records and provide easy access to compensation data when needed.

FAQs

Does Rhode Island have a pay transparency law?

Yes. Rhode Island enforces pay transparency through the Pay Equity Act. Employers must provide wage ranges to applicants before discussing salary and to employees during hiring, transfers, or when requested. The law also prevents employers from asking about an applicant's salary history prior to making an offer.

What is Rhode Island General Law 28-6-18?

Rhode Island General Law 28-6-18 prohibits wage discrimination and requires equal pay for comparable work. It allows limited pay differences based on specific factors like seniority, merit, or job-related education and experience. The law protects employees across categories such as age, race, gender, and sexual orientation.

What is the difference between pay equity and pay transparency?

Pay equity ensures fair wages for employees performing comparable work by addressing unjustified pay gaps. Pay transparency focuses on sharing wage ranges and fostering open communication about compensation. Together, these practices create fairness in both pay structure and workplace discussions.

What is General Law 28-5 in Rhode Island?

General Law 28-5 addresses fair employment practices and prohibits workplace discrimination. It applies broadly to hiring, promotions, and treatment of employees. In contrast, General Law 28-6 and 28-6-18 specifically regulate wages, pay equity, and transparency requirements.

Navigating pay equity and transparency laws can be complex, but with the right approach and tools, you can create a fair, compliant workplace. We're here to help you streamline your HR processes and maintain compliance with confidence. Book a demo today to see how our platform can support your pay equity and transparency efforts.