2021 -- H 5403

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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 HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON

HOLIDAYS AND SUNDAYS

     Introduced By: Representatives Amore, Alzate, Fogarty, Lombardi, and Messier

     Date Introduced: February 05, 2021

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 25-3-7 of the General Laws in Chapter 25-3 entitled "Work on

Holidays and Sundays" is hereby amended to read as follows:

     25-3-7. Exemptions.

     (a) Whenever in the opinion of the director any class of employers, either because of the

nature of their operations or their size, should be exempted from the provisions of this chapter, the

director may do so by regulations adopted in accordance with the provisions of § 25-3-6. Said

regulations shall provide that an individual employer cannot qualify for the class exemption unless

it satisfies all of the criteria set forth in subsection (b) of this section.

     (b) An employer will not qualify for a class exemption unless it:

     (1) Pays its employees at least two hundred percent (200%) of the regular state minimum

wage;

     (2) Does not use temporary employment agencies to staff operations;

     (3) Offers employer-funded health care benefits to employees as set forth in any regulations

promulgated by the director;

     (4) Offers employer-funded retirement options to employees as set forth in any regulations

promulgated by the director;

     (5) Has no federal labor law (e.g. NLRA, FLSA, OSHA, Davis Bacon) or state labor law

(e.g. wage and hour, prevailing wage) violations within the last ten (10) years as set forth in any

regulations promulgated by the director;

     (6) Has no environmental law or regulation violations within the last ten (10) years;

     (7) Has no violations of anti-discrimination laws (state or federal) within the last ten (10)

years;

     (8) Has no settlements of alleged violations as set forth in subsections (b)(5), (b)(6) or

(b)(7) of this section, within the last ten (10) years.

     (c) Any employer who qualifies, or who previously qualified, and therefore is approved by

the director for said exemption, must maintain compliance with the criteria set forth in subsection

(b) of this section in order to maintain such approved status.

     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 HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON

HOLIDAYS AND SUNDAYS

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     This act would require an individual employer to meet certain criteria in order to qualify

for class exemption from the increased pay requirement for work on holidays and Sundays. An

employer will not qualify for class exemption unless it:

     (1) Pays its employees at least two hundred percent (200%) of the regular state minimum

wage;

     (2) Does not use temporary employment agencies to staff operations;

     (3) Offers employer-funded health care benefits;

     (4) Offers employer-funded retirement options;

     (5) Has no federal labor law violations;

     (6) Has no environmental law or regulation violations;

     7) Has no violations of anti-discrimination laws; and

     (8) Has no settlements of alleged violations of federal labor laws, environmental law or

regulation violations, or anti-discrimination laws.

     This act would take effect upon passage.

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