Introduced By: Senators McDonald, Oster and Ruggerio
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-12-4.3 of the General Laws in Chapter 28-12 entitled "Minimum Wages" is hereby amended to read as follows:
28-12-4.3. Exemptions. -- (a) The provisions of sections 28-12-4.1 and 28-12-4.2 shall not apply to the following employees:
(1) Any employee of a summer camp when it is open no more than six (6) months of the year.
(2) Police officers, firefighters, and rescue service personnel employed by the cities and towns.
(3) Employees of the state or political subdivision of the state who may elect through a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representatives of the employees, or if the employees are not represented by an exclusive bargaining agent, through an agreement or understanding arrived at between the employer and the employee prior to the performance of work, to receive compensatory time off for hours worked in excess of forty (40) in a week, provided that the compensatory hours shall at least equal one and one half (11/2) times the hours worked over forty (40) in a week. If compensation is paid to an employee for accrued compensatory time, the compensation shall be paid at the regular rate earned by the employee at the time of payment. At the time of termination, unused accrued compensatory time shall be paid at a rate not less than:
(i) The average regular rate received by the employee during the last three (3) years of the employee's employment, or
(ii) The final regular rate received by the employee, whichever is higher.
(4) Any employee employed in a bona fide executive, administrative, or professional capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. section 201 et seq., compensated for services on a salary basis of not less than two hundred dollars ($200) per week.
(5) Any employee as defined in subsection (a)(4) above unless the wages of the employee, if computed on an hourly basis, would violate the applicable minimum wage law.
(6) Any salaried employee of a nonprofit national voluntary health agency who may elect to receive compensatory time off for hours worked in excess of forty (40) hours per week.
(7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any motor carrier, including private carriers, with respect to whom the U.S. secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of 49 U.S.C. section 3102.
(8) Any employee who is a salesperson, partsperson, or mechanic primarily engaged in the sale and/or servicing automobiles, trucks or farm implements, and is employed by a nonmanufacturing employer primarily engaged in the business of selling vehicles or farm implements to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour and Equal Pay Act, 29 U.S.C. section 201 et seq. and 29 U.S.C. section 213(b)(10); provided that the employee's weekly, bi-weekly, or monthly actual earnings exceed an amount equal to the employee's basic contractual hourly rate of pay times the number of hours actually worked plus the employee's basic contractual hourly rate of pay times one-half (1/2) the number of hours actually worked in excess of forty (40) hours per week.
(9) Any employee employed in agriculture, however, this exemption shall apply to all agricultural enterprises which produce greenhouse crops, fruit and vegetable crops, herbaceous crops, sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming, aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey and mushrooms {ADDand nursery stock. This exemption shall also apply to nurserymen. ADD}
(b) Nothing in this section shall exempt any employee who under applicable federal law is entitled to overtime pay or benefits related thereto.
SECTION 2. Section 28-29-7.2 of the General Laws in Chapter 28-29 entitled "Workers' Compensation--General Provisions" is hereby amended to read as follows:
28-29-7.2. Farm laborers. -- Farmers {ADD nurserymen, ADD} or farm laborers are not subject to the provisions of chapters 29-38 of this title unless such farmers or agricultural employers employ twenty-five (25) or more farm laborers or agricultural employees for thirteen (13) consecutive weeks. However, such farmers {ADD nurserymen, ADD} or agricultural employers who employ twenty-five (25) or more farm laborers or agricultural employees for thirteen (13) consecutive weeks are not subject to the provisions of chapters 29 -- 38 of this title if the farmer or agricultural employer maintains health and disability insurance for all of its farm laborers or agricultural employees, provided that the health and disability insurance premium exceeds the premium for workers' compensation insurance. Farmers or agricultural employers who employ twenty-five (25) or more farm laborers or agricultural employees for thirteen (13) consecutive weeks are subject to chapters 29-38 of this title for those agricultural enterprises which produce greenhouse crops, fruit and vegetable crops, herbaceous crops, sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming, aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey and mushrooms {ADD and nursery stockADD}.
SECTION 3. This act shall take effect upon passage.
