2000 -- S 2135
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LC00841
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2000
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A N A C T
RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE
It is enacted by the General Assembly as follows:
SECTION 1. Section 25-3-3 of the General Laws in Chapter 25-3 entitled "Work on Holidays and Sundays" is hereby amended to read as follows:
25-3-3. Work on Sundays or holidays -- (a) Work performed by employees on Sundays and holidays must be paid for at least one and one half (1 1/2) times the normal rate of pay for the work performed; provided, that it shall not be grounds for discharge or other penalty upon any employee for refusing to work upon any Sunday or holiday enumerated in this section.
(b) Any manufacturer of wall-covering products which operates for seven (7) continuous days per week, twenty-four (24) hours per day, and has complied with the provisions of subsection (a) is exempt from the requirement that the work be voluntary on Sundays as provided in subsection (a); provided, that the manufacturer increases employment by at least ten percent (10%), within one year of its conversion to continuous operation from non-continuous operation.
(c) Any manufacturer that operates three (3) shifts, or begins its work week on Sundays, may begin the shift or start the work week at 11:00 P.M. on Sunday and not be required to pay its employees one and one-half (1 1/2) times the normal rate of pay during the one hour period between 11:00 P.M. Sunday and 12 midnight.
(d) Except for veterans, this subsection shall not apply to victory day if the employer provides a substitute holiday; that provided, that:
(i) The employee shall be paid the normal rate of pay for work performed on victory day.
(ii) The employee shall receive one (1) day's pay at the normal rate for the substitute holiday.
(iii) The employer shall provide written notice to the employee not less than thirty (30) days in advance of victory day of the substitute holiday.
(iv) The employer shall provide the substitute holiday, upon mutual agreement between the employer and employee, on any other day during that calendar year except New Year's day, Memorial day, July 4th, Labor day, Thanksgiving and Christmas.
(v) if the employee does not take the substitute holiday before the end of the calendar year, the employee shall receive, in lieu thereof, one day's pay at the normal rate with the employee's pay for the last pay period of the calendar year.
(vi) The provisions of this subsection shall not apply to the construction industry and except those establishments licensed under and subject to the provisions of chapter 23 of title 5.
SECTION 2. This act shall take effect upon passage.
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LC00841
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE
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This act would require an employer to pay an employee one and one half (11/2) times the normal rate of pay for working on Victory day only if the employer fails to provide a substitute paid holiday for the employee working on Victory day.
This act would take effect upon passage.
