Chapter 257

2010 -- S 2037 AS AMENDED

Enacted 07/01/10

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- OVERTIME CALCULATION

Introduced By: Senators Ciccone, Pichardo, Ruggerio, and Lanzi

Date Introduced: January 13, 2010

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. section 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 section 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.

SECTION 2. This act shall take effect June 1, 2011.

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LC00461

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