Chapter 018
2019 -- H 5663
Enacted 05/17/2019

A N   A C T

Introduced By: Representative John G. Edwards
Date Introduced: February 27, 2019

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 §§ 28-12-4.1 and 28-12-4.2 do not apply to the following
     (1) Any employee of a summer camp when it is open no more than six (6) months of the
     (2) Police officers, firefighters, and rescue service personnel employed by the cities and
     (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. § 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 subsection (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 U.S. secretary Secretary of
transportation Transportation has power to establish qualifications and maximum hours of
service pursuant to the provisions of 49 U.S.C. § 3102 31502.
     (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. § 201 et seq. and 29 U.S.C. § 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. § 181 et
seq., of the Railway Labor Act when the hours worked by such that 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, except that the terms of current
firefighters' collective bargaining agreements that conflict with this act shall remain in effect until
the contract expires when the act shall begin to apply to those covered firefighters.