2019 -- H 5892

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LC001240

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE

     Introduced By: Representatives Edwards, Kennedy, Casimiro, Cortvriend, and Cassar

     Date Introduced: March 22, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 25-3-1 of the General Laws in Chapter 25-3 entitled "Work on

Holidays and Sundays" is 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;

     (iv) Any individual employed in a food service establishment, which shall include a

restaurant, caterer licensed by the department of health and the division of taxation, food truck,

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

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

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in § 25-2-18.

     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

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     This act would expand the definition of "employee" to add any individual employed in a

food service establishment, which would include a caterer licensed by the department of health

and division of taxation, and a food truck.

     This act would take effect upon passage.

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