| Chapter 020 |
| 2019 -- S 0747 Enacted 05/17/2019 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGES |
| Introduced By: Senators Lombardi, Ciccone, Gallo, Lynch Prata, and Ruggerio |
| Date Introduced: April 03, 2019 |
| 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 that overtime rate of compensation by fluctuating |
| workweek method of overtime payment under 29 C.F.R. § 778.114. |
| (b) In any workweek in which an employee of a retail business is employed on a Sunday |
| and/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 is employed as provided in § 5-23-2, the hours worked on the Sunday and/or holiday, or |
| both, shall be excluded from the calculation of overtime pay as required by this section. |
| (c) No city, town, or fire district shall employ any "firefighter," as defined in § 28-9.1-3, |
| excluding however civilian employees, for an average workweek longer than forty-two (42) hours |
| unless the firefighter is compensated at the rate of one and one-half (1 1/2) times his or her |
| regular rate, for all hours worked in excess of forty-two (42) hours based upon an average |
| workweek. An average workweek shall be calculated utilizing the prior consecutive eight-(8) |
| week (8) period, based upon a seven-(7) day (7) workweek. For the purposes of this section, |
| "hours worked" shall include all paid leave. |
| SECTION 2. This act shall take effect upon passage, except that the terms of current |
| firefighters' collective bargaining agreement that conflict with this act shall remain in effect until |
| the contract expires when the act shall begin to apply to those covered firefighters. |
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| LC001824 |
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