Chapter 184
2012 -- H 7613
Enacted 06/08/12
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS
Introduced
By: Representatives Williams, Nunes,
Marcello,
Date Introduced: February 16, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 28-12-4.3 of the General Laws in Chapter
28-12 entitled "Minimum
Wages" is hereby
amended to read as follows:
28-12-4.3.
Exemptions. -- (a) The provisions of sections
28-12-4.1 and 28-12-4.2 do not
apply to the following employees:
(1) Any employee of a
summer camp when it is open no more than six (6) months of the
year.
(2) Police officers,
firefighters, and rescue service personnel employed by the cities and
towns.
(3) Employees of the
state or political subdivision of the state who may elect through a
collective bargaining agreement, memorandum of understanding, or
any other agreement between
the employer and representatives of the employees, or if the
employees are not represented by an
exclusive bargaining agent, through an agreement or
understanding arrived at between the
employer and the employee prior to the performance of work, to
receive compensatory time off
for hours worked in excess of forty (40) in a week. The
compensatory hours shall at least equal
one and one half (1 1/2) times the hours worked over
forty (40) in a week. If compensation is paid
to an employee for accrued compensatory time, the
compensation shall be paid at the regular rate
earned by the employee at the time of payment. At the time
of termination, unused accrued
compensatory time shall be paid at a rate not less than:
(i)
The average regular rate received by the employee during the last three (3)
years of
the employee's employment, or
(ii) The final regular
rate received by the employee, whichever is higher.
(4) Any employee
employed in a bona fide executive, administrative, or professional
capacity, as defined by the Fair Labor Standards Act of 1938,
29 U.S.C. section 201 et seq.,
compensated for services on a salary basis of not less than two
hundred dollars ($200) per week.
(5) Any employee as
defined in subparagraph (a)(4) of this section unless
the wages of
the employee, if computed on an hourly basis, would
violate the applicable minimum wage law.
(6) Any salaried
employee of a nonprofit national voluntary health agency who elects to
receive compensatory time off for hours worked in excess of
forty (40) hours per week.
(7) Any employee,
including drivers, driver's helpers, mechanics, and loaders of any
motor carrier, including private carriers, with respect to
whom the
has power to establish qualifications and maximum hours
of service pursuant to the provisions of
49 U.S.C. section 3102.
(8) Any employee who is
a salesperson, parts person, or mechanic primarily engaged in
the sale and/or servicing of automobiles, trucks or farm
implements, and is employed by a non-
manufacturing employer primarily engaged in the business of selling
vehicles or farm implements
to ultimate purchasers, to the extent that the employers
are exempt under the federal Wage-Hour
and Equal Pay Act, 29 U.S.C. section 201 et seq. and 29
U.S.C. section 213(b)(10); provided, that
the employee's weekly, bi-weekly, or monthly actual
earnings exceed an amount equal to the
employee's basic contractual hourly rate of pay times the number
of hours actually worked plus
the employee's basic contractual hourly rate of pay times
one-half ( 1/2) the number of hours
actually worked in excess of forty (40) hours per week.
(9) Any employee
employed in agriculture; however, this exemption applies to all
agricultural enterprises that produce greenhouse crops, fruit and
vegetable crops, herbaceous
crops, sod crops, viticulture, viniculture, floriculture,
feed for livestock, forestry, dairy farming,
aquaculture, the raising of livestock, furbearing animals,
poultry and eggs, bees and honey,
mushrooms, and nursery stock. This exemption also applies to
nursery workers.
(10) Any employee of
an air carrier subject to the provisions of title 45 U.S.C. section
181 et seq., of the Railway Labor Act when the hours
worked by such employee in excess of forty
(40) in a work week are not
required by the air carrier, but are arranged through a voluntary
agreement among employees to trade scheduled work hours.
(b) Nothing in this
section exempts any employee who under applicable federal law is
entitled to overtime pay or benefits related to overtime pay.
SECTION 2. This act shall take effect upon passage.
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LC01101
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