2019 -- S 0747

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGES

     Introduced By: Senators Lombardi, Ciccone, Gallo, Lynch Prata, and Ruggerio

     Date Introduced: April 03, 2019

     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 such 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

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

employed as provided in § 5-23-2, the hours worked on the Sunday and/or holiday 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 (8)

week period, based upon a seven (7) day workweek. For the purposes of this section, "hours

worked" shall include all paid leave.

     SECTION 2. This act shall take effect upon passage, except that the terms of current

firefighters' collective bargaining agreement that conflict with this act shall remain in effect until

the contract expires when the act shall begin to apply to those covered firefighters.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGES

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     This act would remove the overtime exemption for firefighters unless they are paid at the

rate of one and one-half (1 1/2) times their regular rate for all hours worked in excess of forty-two

(42) hours.

     This act would take effect upon passage, except that the terms of current firefighters'

collective bargaining agreement that conflict with this act would remain in effect until the

contract expires when the act would begin to apply to those covered firefighters.

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