2023 -- H 5380

========

LC000780

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- HOLIDAYS

     Introduced By: Representatives Henries, Stewart, Alzate, Hull, Abney, Felix, Biah,
Boylan, Cruz, and Kazarian

     Date Introduced: February 03, 2023

     Referred To: House Special Legislation

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 25-1-1 of the General Laws in Chapter 25-1 entitled "Holidays" is

hereby amended to read as follows:

     25-1-1. General holidays enumerated.

     The first day of January or, in the event that day is a Saturday or Sunday, then state

employees will celebrate the holiday on the following Monday (as New Year’s Day), the third

Monday of January (as Dr. Martin Luther King, Jr.’s Birthday), the third Monday of February (as

Washington’s Birthday), the fourth day of May (as Rhode Island Independence Day), the last

Monday of May (as Memorial Day), the nineteenth day of June or, in the event that day is a

Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as

Juneteenth National Freedom Day), the fourth day of July or, in the event that day is a Saturday or

Sunday, then state employees will celebrate the holiday on the following Monday (as Independence

Day), the second Monday of August (as Victory Day), the first Monday of September (as Labor

Day), the second Monday of October (as Columbus Day), the eleventh day of November or, in the

event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the

following Monday (as Veterans’ Day), the twenty-fifth day of December, or in the event that day

is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday

(as Christmas Day), and each of the above days in every year, or when either of the above days

falls on the first day of the week, then the day following it, the Tuesday next after the first Monday

in November in each year in which a general election of state officers is held (as election day), the

first day of every week (commonly called Sunday), and any other days as the governor or general

assembly of this state or the president or the congress of the United States shall appoint as holidays

for any purpose, days of thanksgiving, or days of solemn fast, shall be holidays.

     SECTION 2. Section 25-3-1 of the General Laws in Chapter 25-3 entitled "Work on

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

     25-3-1. Definitions.

     As used in this chapter:

     (1) “Director” means the director of the department of labor and training;

     (2) “Economic necessity” means and refers to any case where the director determines that:

     (i) Both the economics and technology of manufacture of the product or a component of

the product requires continuous conversion or processing of raw materials, intermediates, or

components without interruption to avoid disproportionate loss of production capacity;

     (ii) The economics and technology of data processing requires the continuous operation of

data processing equipment to avoid deterioration of equipment or a disproportionate loss of

computer capacity or where customer requirements are that data processing equipment must be

available for input or output on a continuous basis;

     (iii) Because prevailing industry practice in the manufacturing or processing of the product

or in the provision of banking or financial services is to operate facilities within that industry seven

(7) days per week, the failure to operate on one or more Sundays or holidays will subject the

employer to a competitive hardship within the industry in which the employer competes;

     (iv) Maintenance or improvement of plant or equipment cannot practically or efficiently

be performed while production is in process;

     (v) The scheduling of production on Sundays or holidays is necessitated by interrupted or

allocated energy supplies, or shortages of raw materials or component parts;

     (vi) An employer has been deprived of its normal production schedule by fire, flood, power

failure, or other circumstances beyond its control; or

     (vii) Circumstances, temporary in nature, are that undue economic hardship would result

from the inability to operate on one or more Sundays or holidays;

     (3) “Employee” means any individual employed by an employer, but shall not include:

     (i) Any individual employed in agriculture or maritime trades, including commercial

fishing or boat repairs;

     (ii) Any physician, dentist, attorney at law, or accountant;

     (iii) Any individual engaged in the provision of health care or maintenance;

     (iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other

LC000780 - Page 2 of 4

recreational facility (except health clubs);

     (v) Any individual employed in the business of offshore petroleum or gas exploration or

extraction, or in the business of servicing or supplying persons engaged in exploration or extraction;

     (vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued

pursuant to that section;

     (vii) Any individual employed by an employer holding a license issued pursuant to chapter

23 of title 5; or

     (viii) Any individual employed as part of a telephonic delivery of customer service, sales

operations, and ancillary services related to those services and operations, except for specific

employment positions in the telecommunications industry that are part of any collective bargaining

agreement or employment contract in effect on July 2, 1998.

     (4) “Employer” means any natural person, partnership, firm, corporation, or other

enterprise engaged in industry, transportation, communication, or any other commercial occupation

involving one or more employees; and

     (5) “Holidays” means Sunday, New Year’s Day, Memorial Day, Juneteenth National

Freedom Day, July 4th, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving,

and Christmas; provided, that as it pertains to all offices of state and municipal government, the

term “holiday” includes in addition to the holidays enumerated in this subdivision, Dr. Martin

Luther King, Jr.’s Birthday, as defined in § 25-2-18.

     SECTION 3. This act shall take effect upon passage.

========

LC000780

========

LC000780 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- HOLIDAYS

***

     This act would establish June 19th as a state holiday, to be known as “Juneteenth National

Freedom Day”.

     This act would take effect upon passage.

========

LC000780

========

LC000780 - Page 4 of 4