Chapter 018 |
2019 -- H 5663 Enacted 05/17/2019 |
A N A C T |
RELATING TO LABOR AND LABOR RELATIONS |
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 |
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. § 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. |
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LC001756 |
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