2017 -- H 5596

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LC001690

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

     RELATING TO LABOR AND LABOR RELATIONS - OVERTIME WAGES

     

     Introduced By: Representatives Donovan, Blazejewski, Casimiro, Tanzi, and Fogarty

     Date Introduced: March 01, 2017

     Referred To: House 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.

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     (a) The provisions of §§ 28-12-4.1 and 28-12-4.2 do not apply to the following

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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 the

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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. § 201 et seq.,

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

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thousand thirty-six dollars ($1,036) per week, and beginning on January 1, 2020, and every year

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thereafter, on an updated salary basis of not less than the fortieth percentile of weekly earnings of

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full-time nonhourly workers in the Northeast Census Region in the second quarter of the year

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preceding the update as published by the Bureau of Labor Statistics.

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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. § 3102.

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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. § 201 et seq. and 29 U.S.C. § 213(b)(10); provided, that the

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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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     (10) Any employee of an air carrier subject to the provisions of title 45 U.S.C. § 181 et

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seq., of the Railway Labor Act when the hours worked by such employee in excess of forty (40)

 

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in a work week are not required by the air carrier, but are arranged through a voluntary agreement

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among employees to trade scheduled work hours.

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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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     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 - OVERTIME WAGES

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     This act would exempt certain executive, administrative, and professional employees

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from overtime pay if their weekly wages exceed one thousand thirty-six dollars ($1,036), an

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increase from the current two hundred dollars ($200).

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     This act would take effect upon passage.

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