2021 -- S 0269

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LC001608

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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 LABOR AND LABOR RELATIONS -- MINIMUM WAGES--OVERTIME

     Introduced By: Senator Gordon E. Rogers

     Date Introduced: February 10, 2021

     Referred To: Senate Labor

     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 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

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 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 week (8) period, based

upon a seven-day (7) workweek. For the purposes of this section, "hours worked" shall include all

paid leave. The Central Coventry Fire District, created by the general assembly at its 1959 January

session, shall be exempted from the requirements of this firefighter overtime subdivision, from July

1, 2021, until June 30, 2026.

     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 LABOR AND LABOR RELATIONS -- MINIMUM WAGES--OVERTIME

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     This act would exempt the Central Coventry Fire District from the application of the

firefighters' overtime law for five (5) years beginning on July 1, 2021.

     This act would take effect upon passage.

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