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5 | 5 | | 2023 -- H 5181 |
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6 | 6 | | ======== |
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7 | 7 | | LC000650 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES |
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16 | 16 | | Introduced By: Representatives Sanchez, Morales, Stewart, Giraldo, Vella-Wilkinson, |
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17 | 17 | | Potter, Batista, Henries, Caldwell, and Slater |
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18 | 18 | | Date Introduced: January 19, 2023 |
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19 | 19 | | Referred To: House Labor |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 28-12-3.1 of the General Laws in Chapter 28-12 entitled "Minimum 1 |
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24 | 24 | | Wages" is hereby repealed. 2 |
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25 | 25 | | 28-12-3.1. Wages for minors. 3 |
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26 | 26 | | Every minor, fourteen (14) and fifteen (15) years of age shall be paid at a rate of not less 4 |
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27 | 27 | | than seventy-five percent (75%) of the minimum wages as specified in § 28-12-3; provided, every 5 |
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28 | 28 | | minor who works in excess of twenty-four (24) hours in any week shall be paid for all hours worked 6 |
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29 | 29 | | in that week at the hourly rate provided by § 28-12-3 or § 28-12-5(e). 7 |
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30 | 30 | | SECTION 2. Section 28-12-5 of the General Laws in Chapter 28-12 entitled "Minimum 8 |
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31 | 31 | | Wages" is hereby amended to read as follows: 9 |
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32 | 32 | | 28-12-5. Employees receiving gratuities. 10 |
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33 | 33 | | (a) Every employer shall pay to each of the employer’s employees who are engaged in any 11 |
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34 | 34 | | work or employment in which gratuities have customarily and usually constituted a part of his or 12 |
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35 | 35 | | her weekly income, the rate as provided by §§ 28-12-3 and 28-12-3.1. 13 |
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36 | 36 | | (b) Allowance for gratuities as part of the hourly wage rate for restaurants, hotels, and other 14 |
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37 | 37 | | industries, except taxicabs and limited public motor vehicles, shall be an amount equal to the 15 |
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38 | 38 | | applicable minimum rates as provided by §§ 28-12-3 and 28-12-3.1 less two dollars and eighty-16 |
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39 | 39 | | nine cents ($2.89) per hour. “Gratuities” means voluntary monetary compensation received directly 17 |
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40 | 40 | | or indirectly by the employee for services rendered. 18 |
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41 | 41 | | (c) Each employer desiring to deduct for gratuities as part of the minimum rates as provided 19 |
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43 | 43 | | |
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44 | 44 | | LC000650 - Page 2 of 3 |
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45 | 45 | | in §§ 28-12-3 and 28-12-3.1 wages paid to an employee shall provide substantial evidence that the 1 |
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46 | 46 | | amount shall be as set out in the formula in subsection (b) of this section; however, the cash wage 2 |
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47 | 47 | | shall not be less than two dollars and eighty-nine cents ($2.89) per hour; provided, however, that 3 |
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48 | 48 | | commencing January 1, 2016, the cash wage shall increase by fifty cents ($.50) to an amount not 4 |
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49 | 49 | | less than three dollars and thirty-nine cents ($3.39) per hour; provided further, that commencing 5 |
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50 | 50 | | January 1, 2017, the cash wage shall increase by fifty cents ($.50) to an amount not less than three 6 |
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51 | 51 | | dollars and eighty-nine cents ($3.89) per hour. 7 |
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52 | 52 | | (d) The director of labor and training shall notify employers concerning what type of proof 8 |
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53 | 53 | | shall be accepted as substantial evidence for the purpose of this subsection. Employees involved 9 |
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54 | 54 | | shall be entitled to a hearing on the question of the amount of deduction if they so desire. 10 |
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55 | 55 | | (e) In cases where wages are figured by the employer on an incentive basis in such a manner 11 |
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56 | 56 | | that an employee of reasonable average ability earns at least the minimum wage established by §§ 12 |
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57 | 57 | | 28-12-3 and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be 13 |
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58 | 58 | | of no concern to the director of labor and training how the employer arrives at its wage scale so 14 |
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59 | 59 | | long as it is not unreasonable in its demands on the employee. 15 |
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60 | 60 | | (f) Where, in the case of the employment of a full-time student who has not attained his or 16 |
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61 | 61 | | her nineteenth (19th) birthday engaged in the activities of a nonprofit association or corporation, 17 |
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62 | 62 | | whose aims and objectives are religious, educational, librarial, or community service in nature, the 18 |
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63 | 63 | | employer-employee relationship does exist, the employer shall pay to each such employee wages 19 |
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64 | 64 | | at a rate of not less than ninety percent (90%) of the minimum wage as specified in § 28-12-3. In 20 |
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65 | 65 | | case of any conflict between provisions of this section and those of § 28-12-3.1, the provisions of 21 |
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66 | 66 | | § 28-12-3.1 shall govern. 22 |
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67 | 67 | | SECTION 3. This act shall take effect upon passage. 23 |
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68 | 68 | | ======== |
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69 | 69 | | LC000650 |
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72 | 72 | | |
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73 | 73 | | LC000650 - Page 3 of 3 |
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74 | 74 | | EXPLANATION |
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75 | 75 | | BY THE LEGISLATIVE COUNCIL |
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76 | 76 | | OF |
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77 | 77 | | A N A C T |
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78 | 78 | | RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES |
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79 | 79 | | *** |
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80 | 80 | | This act would repeal the law that allowed employers to pay some of their minor employees 1 |
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81 | 81 | | and employees who are full-time students and not attained the age of nineteen (19) less than 2 |
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82 | 82 | | minimum hourly wages. The result of this repeal would require that all minors and all full-time 3 |
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83 | 83 | | students be paid the minimum hourly wage. 4 |
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84 | 84 | | This act would take effect upon passage. 5 |
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86 | 86 | | LC000650 |
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