2012 -- S 2421 SUBSTITUTE A

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LC01192/SUB A

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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 --OVERTIME PAY

     Introduced By: Senators Ciccone, Picard, McCaffrey, and P Fogarty

     Date Introduced: February 15, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-12-4.3 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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     28-12-4.3. Exemptions. -- (a) The provisions of sections 28-12-4.1 and 28-12-4.2 do not

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apply to the following employees:

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      (1) Any employee of a summer camp when it is open no more than six (6) months of the

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year.

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      (2) Police officers, firefighters, and rescue service personnel employed by the cities and

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towns.

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      (3) Employees of the state or political subdivision of the state who may elect through a

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collective bargaining agreement, memorandum of understanding, or any other agreement between

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the employer and representatives of the employees, or if the employees are not represented by an

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exclusive bargaining agent, through an agreement or understanding arrived at between the

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employer and the employee prior to the performance of work, to receive compensatory time off

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for hours worked in excess of forty (40) in a week. The compensatory hours shall at least equal

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one and one half (1 1/2) times the hours worked over forty (40) in a week. If compensation is paid

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to an employee for accrued compensatory time, the compensation shall be paid at the regular rate

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earned by the employee at the time of payment. At the time of termination, unused accrued

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compensatory time shall be paid at a rate not less than:

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      (i) The average regular rate received by the employee during the last three (3) years of

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the employee's employment, or

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      (ii) The final regular rate received by the employee, whichever is higher.

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      (4) Any employee employed in a bona fide executive, administrative, or professional

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capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. section 201 et seq.,

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compensated for services on a salary basis of not less than two hundred dollars ($200) per week.

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      (5) Any employee as defined in subparagraph (a)(4) of this section unless the wages of

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the employee, if computed on an hourly basis, would violate the applicable minimum wage law.

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      (6) Any salaried employee of a nonprofit national voluntary health agency who elects to

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receive compensatory time off for hours worked in excess of forty (40) hours per week.

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      (7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any

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motor carrier, including private carriers, with respect to whom the U.S. secretary of transportation

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has power to establish qualifications and maximum hours of service pursuant to the provisions of

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49 U.S.C. section 3102 31502.

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      (8) Any employee who is a salesperson, parts person, or mechanic primarily engaged in

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the sale and/or servicing of automobiles, trucks or farm implements, and is employed by a non-

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manufacturing employer primarily engaged in the business of selling vehicles or farm implements

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to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour

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and Equal Pay Act, 29 U.S.C. section 201 et seq. and 29 U.S.C. section 213(b)(10); provided, that

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the employee's weekly, bi-weekly, or monthly actual earnings exceed an amount equal to the

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employee's basic contractual hourly rate of pay times the number of hours actually worked plus

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the employee's basic contractual hourly rate of pay times one-half ( 1/2) the number of hours

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actually worked in excess of forty (40) hours per week.

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      (9) Any employee employed in agriculture; however, this exemption applies to all

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agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous

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crops, sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming,

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aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey,

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mushrooms, and nursery stock. This exemption also applies to nursery workers.

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      (b) Nothing in this section exempts any employee who under applicable federal law is

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entitled to overtime pay or benefits related to overtime pay.

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     (c) Delivery drivers and sales merchandisers are specifically not exempt from the

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application of the provisions of sections 28-12-4.1 and 28-12-4.2.

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SECTION 2. This act shall take effect upon passage and apply retroactively to July 1,

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2010.

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LC01192/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR --OVERTIME PAY

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     This act would apply the overtime provisions of this chapter to hours worked by delivery

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drivers and sales merchandisers, even though they may also be subject to regulation by the United

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States secretary of transportation.

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     This act would take effect upon passage and would apply retroactively to July 1, 2010.

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LC01192/SUB A

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