2016 -- H 7354

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LC004155

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE - WORK ON

HOLIDAYS AND SUNDAYS

     Introduced By: Representative J. Aaron Regunberg

     Date Introduced: January 28, 2016

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 25-3-1 and 25-3-7 of the General Laws in Chapter 25-3 entitled

"Work on Holidays and Sundays" are hereby amended to read as follows:

     25-3-1. Definitions. -- As used in this chapter:

      (1) "Director" means the director of the department of labor and training;

      (2) "Economic necessity" means and refers to any case where the director determines

that:

      (i) Both the economics and technology of manufacture of the product or a component of

the product requires continuous conversion or processing of raw materials, intermediates, or

components without interruption to avoid disproportionate loss of production capacity;

      (ii) The economics and technology of data processing requires the continuous operation

of data processing equipment to avoid deterioration of equipment or a disproportionate loss of

computer capacity or where customer requirements are that data processing equipment must be

available for input or output on a continuous basis;

      (iii) Because prevailing industry practice in the manufacturing or processing of the

product or in the provision of banking or financial services is to operate facilities within that

industry seven (7) days per week, the failure to operate on one or more Sundays or holidays will

subject the employer to a competitive hardship within the industry in which the employer

competes;

      (iv) Maintenance or improvement of plant or equipment cannot practically or efficiently

be performed while production is in process;

      (v) The scheduling of production on Sundays or holidays is necessitated by interrupted

or allocated energy supplies, or shortages of raw materials or component parts;

      (vi) An employer has been deprived of its normal production schedule by fire, flood,

power failure, or other circumstances beyond its control; or

      (vii) Circumstances, temporary in nature, are that undue economic hardship would result

from the inability to operate on one or more Sundays or holidays;

      (3) "Employee" means any individual employed by an employer, but shall not include:

      (i) Any individual employed in agriculture or maritime trades, including commercial

fishing or boat repairs;

      (ii) Any physician, dentist, attorney at law, or accountant;

      (iii) Any individual engaged in the provision of health care or maintenance; provided;

however, that any individual employed in a medical office or any medical entity created for the

purpose of operating a dental or medical healthcare practice other than hospitals, shall be

considered an employee subject to the provisions of this chapter;

      (iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other

recreational facility (except health clubs);

      (v) Any individual employed in the business of offshore petroleum or gas exploration or

extraction, or in the business of servicing or supplying persons engaged in exploration or

extraction;

      (vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued

pursuant to that section;

      (vii) Any individual employed by an employer holding a license issued pursuant to

chapter 23 of title 5; or

      (viii) Any individual employed as part of a telephonic delivery of customer service, sales

operations, and ancillary services related to those services and operations, except for specific

employment positions in the telecommunications industry that are part of any collective

bargaining agreement or employment contract in effect on July 2, 1998.

      (4) "Employer" means any natural person, partnership, firm, corporation, or other

enterprise engaged in industry, transportation, communication, or any other commercial

occupation involving one or more employees; and

      (5) "Holidays" means Sunday, New Year's Day, Memorial Day, July 4th, Victory Day,

Labor Day, Columbus Day, Veterans' Day, Thanksgiving, and Christmas; provided, that as it

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pertains to all offices of state and municipal government, the term "holiday" includes in addition

to the holidays enumerated in this subdivision, Dr. Martin Luther King, Jr.'s Birthday, as defined

in § 25-2-18.

     25-3-7. Exemptions. -- Whenever in the opinion of the director any class of employers,

either because of the nature of their operations or their size, should be exempted from the

provisions of this chapter, the director may do so by regulations adopted in accordance with the

provisions of § 25-3-6; however, the director may not grant an exemption for those individuals in

the operation of a private medical or dental practice as set forth in §25-3-1.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE - WORK ON

HOLIDAYS AND SUNDAYS

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     This act would provide that any individual employed in any medical entity created for the

purpose of operating a medical or dental healthcare practice, other than hospitals, would be

subject to the wage requirements for work on Sundays and holidays. The act would also prohibit

the director of the department of labor from exempting these persons from the provisions of this

chapter.

     This act would take effect upon passage.

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