2012 -- H 8152

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LC02132

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGE

     Introduced By: Representative John M. Carnevale

     Date Introduced: May 09, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-12-4.1 of the General Laws in Chapter 28-12 entitled "Minimum

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Wages" is hereby amended to read as follows:

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     28-12-4.1. Overtime pay. -- (a) Except as otherwise provided in this chapter, no

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employer shall employ any employee for a workweek longer than forty (40) hours unless the

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employee is compensated at a rate of one and one-half (1 1/2) times the regular rate at which he

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or she is employed for all hours worked in excess of forty (40) hours per week. Provided

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however, Notwithstanding the provisions of subdivision 28-12-4.3(a)(7) of this chapter,

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employers that pay any delivery drivers or sales merchandisers an overtime rate of compensation

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for hours worked in excess of forty (40) hours in any one week shall not calculate such overtime

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rate of compensation by fluctuating workweek method of overtime payment under 29 C.F.R.

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section 778.114.

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      (b) In any workweek in which an employee of a retail business is employed on a Sunday

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and/or a holiday at a rate of one and one-half (1 1/2) times the regular rate at which he or she is

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employed as provided in section 5-23-2, the hours worked on the Sunday and/or holiday shall be

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excluded from the calculation of overtime pay as required by this section.

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     SECTION 2. This act shall take effect upon passage.

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LC02132

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGE

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     This act would provide that the overtime pay of delivery drivers or sales merchandisers

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would be subject to subdivision 28-12-4.3(a)(7) which makes the driver or sales merchandiser

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seek an hourly rate subject to the regulations of the United States Department of Transportation.

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     This act would take effect upon passage.

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LC02132

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