Section 260-RICR-30-05-5.3 - DefinitionsA. As used in this regulation, the following terms shall be defined as follows:1. "Adverse action" means the denial of any right guaranteed under the Healthy and Safe Families and Workplaces Act, R.I. Gen. Laws § 28-57-1 et. seq., and these regulations, and any threat, discharge, suspension, demotion, reduction of hours, reporting or threatening to report the citizenship or immigration status of the employee or their family member to a federal, state or local agency, or any other action that would cause harm to the employee in any way.2. "Employee" means any person suffered or permitted to work by an employer, including those working on a full-time, part-time or per diem basis, except for those exempted from the requirements of R.I. Gen. Laws § 28-57-1 et seq. per R.I. Gen. Laws § 28-57-4(f) and those not considered employees as defined in R.I. Gen. Laws § 28-12-2. Independent contractors, subcontractors, and work study participants as described pursuant to 42 U.S.C. § 2753.23, and apprenticeships and interns as defined under the Fair Labor Standards Act, 29. U.S.C. § 201 et seq., shall not be considered to be employees, pursuant to R.I. Gen. Laws § 28-57-3(7).3. "Food employee" means any individual working with unpackaged food, food equipment or utensils, or food-contact surfaces, as defined by the Rhode Island Food Code (216-RICR- 50-10-1 ).4. "Member of employee's household" means a person that resides at the same physical address as the employee or a person that is claimed as a dependent by the employee for federal income tax purposes.5. "New employer" means any employer that establishes an entity subsequent to January 1 of the requisite calendar year except that a firm or establishment that formerly existed, but has changed ownership, is not to be considered a new employer under these regulations.6. "Public employer" means the State of Rhode Island, Rhode Island quasi-public agencies, Rhode Island cities and towns and local public employers not covered by the term "cities and towns," including, but not limited to: school committees, school districts, regional schools and educational collaboratives, and any other public entity.7. "Same hourly rate" means the following based on the employee's regular compensation: a. For employees compensated on an hourly basis, the same hourly rate means the employee's regular hourly rate.b. For employees who receive different rates of pay for hourly work from the same employer, the same hourly rate means either:(1) The wages the employee would have been paid for the hours absent during use of paid sick and safe leave time if the employee had worked; or(2) The blended rate, determined by taking the weighted average of all regular rates of pay over the previous pay period, month, quarter or other established period of time the employer customarily uses to calculate blended rates for similar purposes.c. Whichever above method employers elect to determine the same hourly rate must be used consistently by those employers throughout a benefit year.d. For employees paid a salary, the same hourly rate means the employee's total earnings in the previous pay period divided by their total hours worked during that pay period. Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1), the Fair Labor Standards Act, shall be assumed to have worked forty (40) hours in each week unless their normal work week is less than forty (40) hours, in which case the same hourly rate shall be calculated based on the employee's normal work week. Under no circumstances may the same hourly rate equal less than the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.e. For employees paid on a piece work or fee-for-service basis, the same hourly rate means a reasonable calculation of the wages or fees the employee would have received for the piece work, service or part thereof, if the employee had worked. Regardless of the basis used, the same hourly rate shall not be less than the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.f. For employees paid on commission the same hourly rate means the greater of the base wage or the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.g. For tipped employees who ordinarily receive the "tipped minimum wage" or minimum wage for employees receiving gratuities, the same hourly rate means the effective minimum wage as required per R.I. Gen. Laws § 28-12-3.h. The same hourly rate shall not include: (1) Sums paid as commissions, drawing accounts, bonuses, or other incentive pay based on sales or production;(2) Sums excluded under 29 U.S.C. § 207(e), including contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance, and any other employee benefit plans;(3) Overtime, holiday pay or other premium rates. However, when an employee's regular hourly rate is a "differential rate," meaning a different wage paid for the same work performed under differing conditions (hours, etc.), the "differential rate" is not a premium and shall be considered as regular wages for the purpose of determining the same hourly rate.8. "Seasonal employee" means an employee who is hired into a position for which the customary annual employment is six months or less, pursuant to R.I. Gen. Laws § 28-57-3(13).9. "Temporary employee" means persons that are employed by an employment agency or temporary staffing company and are placed for assignment with other entities pursuant to R.I. Gen. Laws § 28-57-3(18).10. "Written notice or In writing" means any printed or printable communication that is provided in a physical or electronic format, including communications that are transmitted through electronic mail, a computer system or is otherwise sent and stored electronically. Provided, however, that such notice shall be provided via hard copy upon the request of the employee.260 R.I. Code R. 260-RICR-30-05-5.3