(a)  A person will not be considered an “independent contractor” unless that person files a notice of designation with the director, consistent with rules and regulations established by the director, in writing, on a form provided by the director, that the person is an “independent contractor”. The filing of the notice of designation shall be a presumption of “independent contractor” status but shall not preclude a finding of independent contractor status by the court when the notice is not filed with the director. That designation shall continue in force and effect unless the person withdraws that designation by filing a notice with the director, in writing, on a form provided by the director, that the person is no longer an “independent contractor”. Any designation or withdrawal of designation form shall be deemed public information and the director shall furnish copies or make available electronically the forms and designations, upon written request, to any employer or insurer or its authorized representative.

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Terms Used In Rhode Island General Laws 28-29-17.1

  • Department: means the department of labor and training. See Rhode Island General Laws 28-29-2
  • Director: means the director of labor and training or his or her designee unless specifically stated otherwise. See Rhode Island General Laws 28-29-2
  • Employee: means any person who has entered into the employment of or works under contract of service or apprenticeship with any employer, except that in the case of a city or town other than the city of Providence it shall only mean that class or those classes of employees as may be designated by a city, town, or regional school district in a manner provided in this chapter to receive compensation under chapters 29 — 38 of this title. See Rhode Island General Laws 28-29-2
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Independent contractor: means a person who has filed a notice of designation as independent contractor with the director pursuant to Rhode Island General Laws 28-29-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  The workers’ compensation court may, upon petition of an employee, the dependents of a deceased employee, or any other party in interest at any time, vacate any “notice of designation” if the “notice of designation” has been improperly procured.

(c)  The provisions of subsections (a) and (b) of this section shall only apply to injuries occurring on and after January 1, 2001.

History of Section.
P.L. 2000, ch. 491, § 9.

§ 28-29-17.1. Notice of designation as independent contractor. [Effective January 1, 2024.]

(a)  A person will not be considered an “independent contractor” unless that person files a notice of designation with the director, consistent with rules and regulations established by the director, in writing, on a form or on a form capable of being filed electronically provided by the director, that the person is an “independent contractor”. A person shall be required to file the form annually, regardless of how many forms are filed. The filing of the notice of designation shall be a presumption of “independent contractor” status but shall not preclude a finding of independent contractor status by the court when the notice is not filed with the director. That designation shall continue in force and effect unless the person withdraws that designation by filing a notice with the director, in writing, on a form provided by the director, that the person is no longer an “independent contractor”. Any designation or withdrawal of designation form shall be deemed public information and the director shall furnish copies or make available electronically the forms and designations, upon written request, to any employer or insurer or its authorized representative.

(b)  The workers’ compensation court may, upon petition of an employee, the dependents of a deceased employee, or any other party in interest at any time, vacate any “notice of designation” if the “notice of designation” has been improperly procured.

(c)  The provisions of subsections (a) and (b) shall only apply to injuries occurring on and after January 1, 2001.

(d)  By April 1 of each year, the department of labor and training will send a list of all individuals who have filed a designation form to the Rhode Island department of taxation.

History of Section.
P.L. 2000, ch. 491, § 9; P.L. 2023, ch. 242, § 1, effective January 1, 2024; P.L. 2023, ch. 243, § 1, effective January 1, 2024.