2023 -- H 5584

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LC000993

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES

AND WORKPLACES ACT

     Introduced By: Representatives Messier, McNamara, Potter, Diaz, and Fellela

     Date Introduced: February 15, 2023

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-57-3 of the General Laws in Chapter 28-57 entitled "Healthy and

Safe Families and Workplaces Act" is hereby amended to read as follows:

     28-57-3. Definitions.

     As used in the chapter, the following words and terms have the following meanings:

     (1) “Care recipient” means a person for whom the employee is responsible for providing

or arranging health- or safety-related care, including, but not limited to, helping the person obtain

diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe

following domestic violence, sexual assault, or stalking.

     (2) “CCAP family childcare provider” means a childcare worker as defined in § 40-6.6-

2(2).

     (3) “Child” means a person as defined in § 28-41-34(3).

     (4) “Department” means the department of labor and training.

     (5) “Domestic partner” means a party to a civil union as defined in chapter 3.1 of title 15

or a person who meets the requirements in §§ 36-12-1(3)(i) through (3)(v) has the same meaning

as that term is defined in § 8-8.2-20.

     (6) “Domestic violence” means certain crimes when committed by one family or household

member against another as defined in § 12-29-2.

     (7) “Employee” means any person suffered or permitted to work by an employer, except

for those not considered employees as defined in § 28-12-2. Independent contractors,

subcontractors, work study participants as described pursuant to 42 U.S.C. § 2753.23,

apprenticeships and interns as defined under FLSA section 3(g) and any other individuals pursuant

to the provisions of 29 U.S.C. Section 203 et seq. (Fair Labor Standards Act) shall not be considered

to be employees for the purpose of this act.

     (8) “Employer” means any individual or entity that includes any individual, partnership,

association, corporation, business trust, or any person or group of persons acting directly or

indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but

does not include the federal government, and provided that in determining the number of employees

performing work for an employer as defined in 29 C.F.R. § 791.2 of the federal Fair Labor

Standards Act, 29 U.S.C. § 201 et seq., the total number of employees in that group shall be

counted.

     (9) “Family member” means a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, or domestic partner, sibling, care recipient, or member of the

employee’s household.

     (10) “Healthcare professional” means any person licensed under federal or Rhode Island

law to provide medical or emergency services, including, but not limited to: doctors, nurses, and

emergency room personnel.

     (11) “Paid sick leave time” or “paid sick and safe leave time” means time that is

compensated at the same hourly rate and with the same benefits, including healthcare benefits, as

the employee normally earns during hours worked and is provided by an employer to an employee

for the purposes described in § 28-57-6, but in no case shall the hourly wage paid leave be less than

that provided under § 28-12-3.

     (12) “Parent” means a person as defined in § 28-41-34(9) or a person as defined in § 28-

41-34(10).

     (13) “Seasonal employee” means a person as defined in 26 C.F.R. § 54.4980H-1(a)(38).

     (14) “Sexual assault” means a crime as defined in § 11-37-2, § 11-37-4 or § 11-37-6.

     (15) “Sibling” means a brother or a sister, whether related through half blood, whole blood,

or adoption, a foster sibling, or a step-sibling.

     (16) “Spouse” means a person as defined in § 28-41-34(13).

     (17) “Stalking” means a crime as described in §§ 11-59-2 and 11-52-4.2.

     (18) “Temporary employee” means any person working for, or obtaining employment

pursuant to an agreement with any employment agency, placement service, or training school or

center.

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     (19) “Unpaid sick time” is time that is used for the purposes described in § 28-57-6.

     (20) “Year” means a regular and consecutive twelve-month (12) period as determined by

the employer; except that for the purposes of § 28-57-7, “year” means a calendar year.

     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 -- HEALTHY AND SAFE FAMILIES

AND WORKPLACES ACT

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     This act would amend the definition of employee to remove apprenticeships and interns

and any other individuals pursuant to the provisions of the Fair Labor Standards Act (FLSA), 29

U.S.C. Section 203 et seq.

     This act would take effect upon passage.

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