Chapter 254
2010 -- H 7323 AS AMENDED
Enacted 07/01/10
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS -- OVERTIME CALCULATION
Introduced By: Representatives Carnevale, Almeida, DeSimone, and Slater
Date Introduced: February 02, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 28-12-4.1 of the General Laws in Chapter
28-12 entitled "Minimum
Wages" is hereby
amended to read as follows:
28-12-4.1.
Overtime pay. -- (a) Except
as otherwise provided in this chapter, no
employer shall employ any employee for a workweek longer than
forty (40) hours unless the
employee is compensated at a rate of one and one-half (1 1/2)
times the regular rate at which he
or she is employed for all hours worked in excess of
forty (40) hours per week. Provided
however, employers that pay any delivery drivers or sales
merchandisers an overtime rate of
compensation for hours worked in excess of forty (40) hours in any
one week shall not calculate
such overtime rate of compensation by fluctuating workweek
method of overtime payment under
29 C.F.R. section 778.114.
(b) In any workweek in
which an employee of a retail business is employed on a Sunday
and/or a holiday at a rate of one and one-half (1 1/2) times
the regular rate at which he or she is
employed as provided in section 5-23-2, the hours worked on
the Sunday and/or holiday shall be
excluded from the calculation of overtime pay as required by
this section.
SECTION 2. This act shall take effect on June 1, 2011.
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LC00939
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