2020 -- S 2301

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LC003973

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

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

HOLIDAYS AND SUNDAYS

     

     Introduced By: Senators Ciccone, Lombardi, Goodwin, Felag, and Bell

     Date Introduced: February 04, 2020

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 25-3-7 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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     25-3-7. Exemptions.

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     (a) Whenever in the opinion of the director any class of employers, either because of the

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nature of their operations or their size, should be exempted from the provisions of this chapter,

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the director may do so by regulations adopted in accordance with the provisions of ยง 25-3-6. Said

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regulations shall provide that an individual employer cannot qualify for the class exemption

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unless it satisfies all of the criteria set forth in subsection (b) of this section.

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     (b) An employer will not qualify for a class exemption unless it:

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     (1) Pays its employees at least two hundred percent (200%) of the regular state minimum

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wage;

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     (2) Does not use temporary employment agencies to staff operations;

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     (3) Offers employer-funded health care benefits to employees as set forth in any

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regulations promulgated by the director;

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     (4) Offers employer-funded retirement options to employees as set forth in any

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regulations promulgated by the director;

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     (5) Has no federal labor law (e.g. NLRA, FLSA, OSHA, Davis Bacon) or state labor law

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(e.g. wage and hour, prevailing wage) violations within the last ten (10) years as set forth in any

 

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regulations promulgated by the director;

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     (6) Has no environmental law or regulation violations within the last ten (10) years;

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     (7) Has no violations of anti-discrimination laws (state or federal) within the last ten (10)

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years;

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     (8) Has no settlements of alleged violations as set forth in subsections (b)(5), (b)(6) or

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(b)(7) of this section, within the last ten (10) years.

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     (c) Any employer who qualifies, or who previously qualified, and therefore is approved

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by the director for said exemption, must maintain compliance with the criteria set forth in

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subsection (b) of this section in order to maintain such approved status.

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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 HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON

HOLIDAYS AND SUNDAYS

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     This act would require an individual employer to meet certain criteria in order to qualify

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for class exemption from the increased pay requirement for work on holidays and Sundays. An

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employer will not qualify for class exemption unless it:

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     (1) Pays its employees at least two hundred percent (200%) of the regular state minimum

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wage;

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     (2) Does not use temporary employment agencies to staff operations;

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     (3) Offers employer-funded health care benefits;

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     (4) Offers employer-funded retirement options;

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     (5) Has no federal labor law violations;

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     (6) Has no environmental law or regulation violations;

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     7) Has no violations of anti-discrimination laws; and

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     (8) Has no settlements of alleged violations of federal labor laws, environmental law or

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regulation violations, or anti-discrimination laws.

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     This act would take effect upon passage.

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LC003973

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