2021 -- H 5263

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES

     

     Introduced By: Representatives Williams, Ajello, Giraldo, Caldwell, Henries, and
Morales

     Date Introduced: January 29, 2021

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-12-2 of the General Laws in Chapter 28-12 entitled "Minimum

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Wages" is hereby amended to read as follows:

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     28-12-2. Definitions.

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     As used in this chapter:

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     (1) "Advisory board" means a board created as provided in ยง 28-12-6;

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     (2) "Commissioner" means the minimum-wage commissioner appointed by the director of

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labor and training as chief of the division of labor standards;

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     (3) "Director" means the director of labor and training, or his or her duly authorized

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representative;

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     (4) "Employ" means to suffer or to permit to work;

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     (5) "Employee" includes any individual suffered or permitted to work by an employer;

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     (6) "Employee" shall not include:

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     (i) Any individual employed in domestic service or in or about a private home;

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     (ii) Any individual employed by the United States;

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     (iii) Any individual engaged in the activities of an educational, charitable, religious, or

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nonprofit organization where the employer-employee relationship does not, in fact, exist, or where

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the services rendered to the organizations are on a voluntary basis;

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     (iv) Newspaper deliverers on home delivery, shoe shiners in shoe shine establishments,

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caddies on golf courses, pin persons in bowling alleys, ushers in theatres;

 

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     (v) Traveling salespersons or outside salespersons;

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     (vi) Service performed by an individual in the employ of his or her son, daughter, or spouse

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and service performed by a child under the age of twenty-one (21) in the employ of his or her father

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or mother;

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     (vii) Any individual employed between May 1 and October 1 in a resort establishment that

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regularly serves meals to the general public and that is open for business not more than six (6)

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months a year;

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     (viii) Any individual employed by an organized camp that does not operate for more than

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seven (7) months in any calendar year. However, this exemption does not apply to individuals

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employed by the camp on an annual, full-time basis. "Organized camp" means any camp, except a

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trailer camp, having a structured program including, but not limited to, recreation, education, and

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religious, or any combination of these.

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     (7) "Employer" includes any individual, partnership, association, corporation, business

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trust, or any person, or group of persons, acting directly, or indirectly, in the interest of an employer,

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in relation to an employee;

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     (8) "Occupation" means any occupation, service, trade, business, industry, or branch or

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group of industries or employment or class of employment in which individuals are gainfully

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employed;

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     (9) "Wage" means compensation due to an employee by reason of his or her employment.

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     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 LABOR AND LABOR RELATIONS -- MINIMUM WAGES

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     This act would allow individuals employed in domestic service or in or about a private

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home to be included as an employee.

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     This act would take effect upon passage.

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