2021 -- H 5405

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LC001059

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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--OVERTIME

     

     Introduced By: Representatives Morgan, and Nardone

     Date Introduced: February 05, 2021

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-12-4.1 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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     28-12-4.1. Overtime pay.

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     (a) Except as otherwise provided in this chapter, no employer shall employ any employee

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for a workweek longer than forty (40) hours unless the employee is compensated at a rate of one

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and one-half (1 1/2) times the regular rate at which he or she is employed for all hours worked in

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excess of forty (40) hours per week. Provided however, employers that pay any delivery drivers or

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sales merchandisers an overtime rate of compensation for hours worked in excess of forty (40)

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hours in any one week shall not calculate that overtime rate of compensation by fluctuating

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workweek method of overtime payment under 29 C.F.R. § 778.114.

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     (b) In any workweek in which an employee of a retail business is employed on a Sunday

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or a holiday, or both, at a rate of one and one-half (1 1/2) times the regular rate at which he or she

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is employed as provided in § 5-23-2, the hours worked on the Sunday or holiday or both, shall be

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excluded from the calculation of overtime pay as required by this section.

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     (c) No city, town, or fire district shall employ any "firefighter," as defined in § 28-9.1-3,

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excluding however civilian employees, for an average workweek longer than forty-two (42) hours

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unless the firefighter is compensated at the rate of one and one-half (1 1/2) times his or her regular

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rate, for all hours worked in excess of forty-two (42) hours based upon an average workweek. An

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average workweek shall be calculated utilizing the prior consecutive eight week (8) period, based

 

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upon a seven-day (7) workweek. For the purposes of this section, "hours worked" shall include all

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paid leave. The Central Coventry Fire District, created by the general assembly at its 1959 January

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session, shall be exempted from the requirements of this firefighter overtime subdivision, from July

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1, 2021, until June 30, 2026.

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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--OVERTIME

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     This act would exempt the Central Coventry Fire District from the application of the

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firefighters' overtime law for five (5) years beginning on July 1, 2021.

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     This act would take effect upon passage.

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