Introduced By: Representative Rep. S. Anderson
Date Introduced : June 16, 1998 April 2, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 25-3-1, 25-3-2, and 25-3-3 of the General Laws in Chapter 25-3 entitled "Work Permits on Holidays and Sundays" are hereby amended to read as follows:
25-3-1. Definitions. -- As used in this chapter:
(1) "Director" shall mean the director of labor and training;
(2) "Economic necessity" shall mean and refer to any case where the director determines that:
(i) Both the economics and technology of manufacture of the product or a component thereof requires continuous conversion or processing of raw materials, intermediates, or components without interruption to avoid disproportionate loss of production capacity;
(ii) The economics and technology of data processing requires the continuous operation of data processing equipment to avoid deterioration of equipment or a disproportionate loss of computer capacity or where customer requirements are such that data processing equipment must be available for input or output on a continuous basis;
(iii) Because prevailing industry practice in the manufacturing or processing of the product or in the provision of banking or financial services is to operate facilities within that industry seven (7) days per week, the failure to operate on one or more Sundays or holidays will subject the employer to a competitive hardship within the industry in which the employer competes;
(iv) Maintenance or improvement of plant or equipment cannot practically or efficiently be performed while production is in process;
(v) The scheduling of production on Sundays or holidays is necessitated by interrupted or allocated energy supplies, or shortages of raw materials or component parts;
(vi) An employer has been deprived of its normal production schedule by fire, flood, power failure, or other circumstances beyond its control; or
(vii) Circumstances, temporary in nature, are such that undue economic hardship would result from the inability to operate on one or more Sundays or holidays;
(3) "Employee" shall mean any individual employed by an employer, but shall not include:
(i) Any individual employed in agriculture or maritime trades, including commercial fishing {ADD or boat repairs ADD};
(ii) Any physician, dentist, attorney at law, or accountant;
(iii) Any individual engaged in the provision of health care or maintenance;
(iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other recreational facility (except health clubs);
(v) Any individual employed in the business of offshore petroleum or gas exploration or extraction, or in the business of servicing or supplying persons engaged in such exploration or extraction;
(vi) Supervisory employees as defined in 29 U.S.C. section 213(a)(1) and regulations issued pursuant thereto; or
(vii) Any individual employed by an employer holding a license issued pursuant to chapter 23 of title 5;
(viii) Any individual employed as part of a {DEL twenty-four
(24) hour, seven (7) day a week DEL} telephonic delivery of
customer service {DEL and DEL} {ADD , ADD} sales {DEL operation
in the banking or financial services industries. DEL} {ADD operations,
and ancillary services related thereto, except for specific employment
positions in the telecommunications industry which are part of
any collective bargaining agreement or employment contract in
effect on the date of passage of this act. ADD}
(4) "Employer" shall mean any natural person, partnership, firm, corporation, or other enterprise engaged in industry, transportation, communication, or any other commercial occupation involving one or more employees; and
(5) "Holidays" shall mean Sunday, new year's day, memorial day, July 4th, victory day, labor day, Columbus day, veterans' day, Thanksgiving, and Christmas; provided, however, that as it pertains to all offices of state and municipal government, the term "holiday" shall include in addition to the foregoing, Dr. Martin Luther King, Jr.'s birthday as defined herein.
25-3-2. {DEL Permits required -- Exemptions.
-- DEL}{ADD Increased pay required for work on Sundays
and holidays. -- ADD} {DEL It shall be unlawful for any
employer to require or permit an employee to work on Sundays or
holidays except for work of absolute necessity or work performed
pursuant to a permit issued under the provisions of section 25-3-3;
provided that nothing herein contained shall prohibit any licensing
board of any city or town of the state or any state licensing
board or commission from granting a permit to hold athletic meets,
contests, race meets, or athletic exhibitions on any of the enumerated
Sundays or holidays, and any person, association, or corporation
receiving a permit to operate the event shall have the right to
employ the necessary persons to conduct the event; provided, however,
that any DEL} {ADD No ADD} person, association, or corporation
receiving a permit from the division of racing and athletics of
the department of business regulation to operate any horse racing,
dog racing, or jai alai event under the parimutuel system and
any person, association, or corporation doing business under a
contractual agreement to provide any services to any horse racing,
dog racing, or jai alai event under the parimutuel system shall
compensate the necessary persons to conduct the event {ADD on Sundays
and/or holidays ADD} for at least one and one-half (11/2) times
the normal rate of pay for the work performed, and {DEL the
issuance of a permit DEL} {ADD it ADD} shall not be grounds for
discharge or other penalty upon an employee for refusing to work
at the horse racing, dog racing, or jai alai event upon any of
the Sundays and holidays enumerated herein, and nothing herein
contained shall prohibit any person fron engaging in or being
employed in connection with the holding or operation of the event
so licensed.
25-3-3. Work on Sundays or holidays. -- {DEL (a)
Work on Sundays or holidays which would otherwise be unlawful,
may be performed hereunder only pursuant to permit issued by the
director. Permits shall be issued only in cases of economic necessity
and shall be effective for the period specified therein. In no
event shall any permit be effective for more than one year. DEL}
Work performed by employees on Sundays and holidays {DEL pursuant
to permit issued by the director DEL} must be paid for at
least one and one half (1 1/2) times the normal rate of pay for
the work performed; provided that {DEL issuance of a permit DEL}
{ADD it ADD} shall not be grounds for discharge or other penalty
upon any employee for refusing to work upon any {DEL of the
Sundays and holidays DEL} {ADD Sunday or holiday ADD} enumerated
herein.
(b) Any manufacturer of wall-covering products which operates for seven (7) continuous days per week, twenty-four (24) hours per day, and has complied with the provisions of subsection (a) above is exempt from the requirement that such work be voluntary on Sundays as provided therein provided that the manufacturer increases employment by at least ten percent (10%), within one (1) year of its conversion to continuous operation from non-continuous operation.
(c) Any manufacturer which operates three (3) shifts or begins its work week on Sundays may begin the shift or start the work week at 11:00 P.M. on Sunday and not be required to pay its employees one and one-half (1 1/2) times the normal rate of pay during the one (1) hour period between 11:00 P.M. Sunday and 12 midnight.
SECTION 2. Section 25-3-4 of the General Laws in Chapter 25-3 entitled "Work Permits on Holidays and Sundays" is hereby repealed.
{DEL 25-3-4. Application for permits. -- DEL} {DELApplications
for permits or renewals of permits shall be made to the director
by employers by written application therefor at least ten (10)
days previous to the Sunday or holiday therein referred to or
such less time as the necessity may require in the discretion
of the director. Applications shall contain a sworn statement
by or on behalf of the employer of the particular economic necessity
requiring work on a Sunday or holiday and the economic hardship
which would otherwise prevail. The director shall, within forty-eight
(48) hours of receipt of the application, either grant the permit
requested or cause a hearing to be held thereon, upon due notice
to the employer. A permit may be revoked by the director in any
case where after due notice to the employer and hearing, the director
shall determine that the employer no longer qualifies for a permit
under the standards established by this chapter. DEL}
SECTION 3. The title of Chapter 25-3 of the General Laws entitled "Work Permits on Holidays and Sundays" is hereby amended to read as follows:
{DEL WORK PERMITS ON HOLIDAYS AND SUNDAYS DEL}
{ADD WORK ON HOLIDAYS AND SUNDAYS ADD}
SECTION 4. This act shall take effect upon passage.
