2013 -- H 5698 SUBSTITUTE A

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LC01817/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON

HOLIDAYS AND SUNDAYS

     Introduced By: Representative Patricia A. Serpa

     Date Introduced: February 27, 2013

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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

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

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     25-3-3. Work on Sundays or holidays. -- (a) Work performed by employees on Sundays

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and holidays must be paid for at least one and one-half (1 1/2) times the normal rate of pay for the

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work performed; provided: (1) that it is not grounds for discharge or other penalty upon any

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employee for refusing to work upon any Sunday or holiday enumerated in this chapter; (2) any

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manufacturer which operates for seven (7) continuous days per week is exempt from the

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requirement of subdivision (1).

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      (b) Any manufacturer of wall-covering products which operates for seven (7) continuous

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days per week, twenty-four (24) hours per day, and has complied with the provisions of

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subsection (a) is exempt from the requirement that the work be voluntary on Sundays as provided

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in subsection (a); provided, that the manufacturer increases employment by at least ten percent

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(10%), within one year of its conversion to continuous operation from non-continuous operation.

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      (c) Any manufacturer that operates three (3) shifts, or begins its work week on Sundays,

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may begin the shift or start the work week at 11:00 P.M. on Sunday and not be required to pay its

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employees one and one-half (1 1/2) times the normal rate of pay during the one hour period

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between 11:00 P.M. Sunday and 12 midnight.

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      (d) Any and all employees of a chauffeur driven limousine or taxi cab company that

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operates seven (7) continuous days per week, twenty-four (24) hours per day are exempt from the

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provisions of subsection (a) hereof.

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      (e) Any car rental company which operates a car rental agency at T.F. Green Airport and

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is required pursuant to its lease agreement with the Rhode Island Airport Corporation to operate

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on Sundays and/or holidays is exempt from the provisions of subsection (a) hereof with respect to

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work performed at its T.F. Green Airport location.

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     (f) For any holiday as defined in subdivision 25-3-1(5), excluding Sundays, which is not

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also designated by the United States Congress in 5 U.S.C. 6103 as a national public holiday, an

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employer shall be allowed to observe that holiday on any date, as determined by the employer,

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within the same calendar year provided the employer notifies the employee at least thirty (30)

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days prior to the date the floating holiday is to be observed, subject to the requirements of

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subsection (a), provided that:

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     (1) The holiday may not be observed before the date the holiday is celebrated as

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enumerated in section 25-1-1;

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     (2) The employer may not observe the holiday on a Sunday;

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     (3) The employer shall provide employees with sufficient notice, as determined by the

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director, of any date change; and

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     (4) No two (2) holidays may be observed on the same date for the purposes of this

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section.

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     SECTION 2. This act shall take effect upon passage.

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LC01817/SUB A

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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 allow for any holiday observance by the state, excluding Sundays which

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is not designated by the United States Congress as a national public holiday to be observed by an

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employer on any date within the same calendar year, yet subject to certain provisions.

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     This act would take effect upon passage.

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LC01817/SUB A

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