Chapter 020
2019 -- S 0747
Enacted 05/17/2019

A N   A C T
RELATING TO LABOR AND LABOR RELATIONS - MINIMUM WAGES

Introduced By: Senators Lombardi, Ciccone, Gallo, Lynch Prata, and Ruggerio
Date Introduced: April 03, 2019

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 that overtime rate of compensation by fluctuating
workweek method of overtime payment under 29 C.F.R. § 778.114.
     (b) In any workweek in which an employee of a retail business is employed on a Sunday
and/or a holiday, or both, 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 § 5-23-2, the hours worked on the Sunday and/or holiday, or
both, shall be excluded from the calculation of overtime pay as required by this section.
     (c) No city, town, or fire district shall employ any "firefighter," as defined in § 28-9.1-3,
excluding however civilian employees, for an average workweek longer than forty-two (42) hours
unless the firefighter is compensated at the rate of one and one-half (1 1/2) times his or her
regular rate, for all hours worked in excess of forty-two (42) hours based upon an average
workweek. An average workweek shall be calculated utilizing the prior consecutive eight-(8)
week (8) period, based upon a seven-(7) day (7) workweek. For the purposes of this section,
"hours worked" shall include all paid leave.
     SECTION 2. This act shall take effect upon passage, except that the terms of current
firefighters' collective bargaining agreement 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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LC001824
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