Rhode Island 2023 Regular Session

Rhode Island House Bill H5181 Compare Versions

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55 2023 -- H 5181
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES
1616 Introduced By: Representatives Sanchez, Morales, Stewart, Giraldo, Vella-Wilkinson,
1717 Potter, Batista, Henries, Caldwell, and Slater
1818 Date Introduced: January 19, 2023
1919 Referred To: House Labor
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 28-12-3.1 of the General Laws in Chapter 28-12 entitled "Minimum 1
2424 Wages" is hereby repealed. 2
2525 28-12-3.1. Wages for minors. 3
2626 Every minor, fourteen (14) and fifteen (15) years of age shall be paid at a rate of not less 4
2727 than seventy-five percent (75%) of the minimum wages as specified in § 28-12-3; provided, every 5
2828 minor who works in excess of twenty-four (24) hours in any week shall be paid for all hours worked 6
2929 in that week at the hourly rate provided by § 28-12-3 or § 28-12-5(e). 7
3030 SECTION 2. Section 28-12-5 of the General Laws in Chapter 28-12 entitled "Minimum 8
3131 Wages" is hereby amended to read as follows: 9
3232 28-12-5. Employees receiving gratuities. 10
3333 (a) Every employer shall pay to each of the employer’s employees who are engaged in any 11
3434 work or employment in which gratuities have customarily and usually constituted a part of his or 12
3535 her weekly income, the rate as provided by §§ 28-12-3 and 28-12-3.1. 13
3636 (b) Allowance for gratuities as part of the hourly wage rate for restaurants, hotels, and other 14
3737 industries, except taxicabs and limited public motor vehicles, shall be an amount equal to the 15
3838 applicable minimum rates as provided by §§ 28-12-3 and 28-12-3.1 less two dollars and eighty-16
3939 nine cents ($2.89) per hour. “Gratuities” means voluntary monetary compensation received directly 17
4040 or indirectly by the employee for services rendered. 18
4141 (c) Each employer desiring to deduct for gratuities as part of the minimum rates as provided 19
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4545 in §§ 28-12-3 and 28-12-3.1 wages paid to an employee shall provide substantial evidence that the 1
4646 amount shall be as set out in the formula in subsection (b) of this section; however, the cash wage 2
4747 shall not be less than two dollars and eighty-nine cents ($2.89) per hour; provided, however, that 3
4848 commencing January 1, 2016, the cash wage shall increase by fifty cents ($.50) to an amount not 4
4949 less than three dollars and thirty-nine cents ($3.39) per hour; provided further, that commencing 5
5050 January 1, 2017, the cash wage shall increase by fifty cents ($.50) to an amount not less than three 6
5151 dollars and eighty-nine cents ($3.89) per hour. 7
5252 (d) The director of labor and training shall notify employers concerning what type of proof 8
5353 shall be accepted as substantial evidence for the purpose of this subsection. Employees involved 9
5454 shall be entitled to a hearing on the question of the amount of deduction if they so desire. 10
5555 (e) In cases where wages are figured by the employer on an incentive basis in such a manner 11
5656 that an employee of reasonable average ability earns at least the minimum wage established by §§ 12
5757 28-12-3 and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be 13
5858 of no concern to the director of labor and training how the employer arrives at its wage scale so 14
5959 long as it is not unreasonable in its demands on the employee. 15
6060 (f) Where, in the case of the employment of a full-time student who has not attained his or 16
6161 her nineteenth (19th) birthday engaged in the activities of a nonprofit association or corporation, 17
6262 whose aims and objectives are religious, educational, librarial, or community service in nature, the 18
6363 employer-employee relationship does exist, the employer shall pay to each such employee wages 19
6464 at a rate of not less than ninety percent (90%) of the minimum wage as specified in § 28-12-3. In 20
6565 case of any conflict between provisions of this section and those of § 28-12-3.1, the provisions of 21
6666 § 28-12-3.1 shall govern. 22
6767 SECTION 3. This act shall take effect upon passage. 23
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7474 EXPLANATION
7575 BY THE LEGISLATIVE COUNCIL
7676 OF
7777 A N A C T
7878 RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES
7979 ***
8080 This act would repeal the law that allowed employers to pay some of their minor employees 1
8181 and employees who are full-time students and not attained the age of nineteen (19) less than 2
8282 minimum hourly wages. The result of this repeal would require that all minors and all full-time 3
8383 students be paid the minimum hourly wage. 4
8484 This act would take effect upon passage. 5
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