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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- H 5371 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001036 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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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 Felix, Tanzi, Giraldo, Voas, Stewart, Alzate, Kazarian, |
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| 17 | 17 | | Henries, Boylan, and Morales |
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| 18 | 18 | | Date Introduced: February 03, 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 28-12-2 of the General Laws in Chapter 28-12 entitled "Minimum 1 |
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| 24 | 24 | | Wages" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 28-12-2. Definitions. 3 |
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| 26 | 26 | | As used in this chapter: 4 |
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| 27 | 27 | | (1) “Advisory board” means a board created as provided in § 28-12-6. 5 |
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| 28 | 28 | | (2) “Commissioner” means the minimum-wage commissioner appointed by the director of 6 |
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| 29 | 29 | | labor and training as chief of the division of labor standards. 7 |
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| 30 | 30 | | (3) “Director” means the director of labor and training, or his or her duly authorized 8 |
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| 31 | 31 | | representative. 9 |
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| 32 | 32 | | (4) “Employ” means to suffer or to permit to work. 10 |
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| 33 | 33 | | (5)(i) “Employee” includes any individual suffered or permitted to work by an employer. 11 |
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| 34 | 34 | | (ii) “Employee” shall not include: 12 |
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| 35 | 35 | | (A) Any individual employed in domestic service or in or about a private home; 13 |
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| 36 | 36 | | (B) Any individual employed by the United States; 14 |
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| 37 | 37 | | (C) Any individual engaged in the activities of an educational, charitable, religious, or 15 |
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| 38 | 38 | | nonprofit organization where the employer-employee relationship does not, in fact, exist, or where 16 |
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| 39 | 39 | | the services rendered to the organizations are on a voluntary basis; 17 |
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| 40 | 40 | | (D) Newspaper deliverers on home delivery, shoe shiners in shoe shine establishments, 18 |
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| 41 | 41 | | caddies on golf courses, pin persons in bowling alleys, ushers in theatres; 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001036 - Page 2 of 3 |
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| 45 | 45 | | (E) Traveling salespersons or outside salespersons; 1 |
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| 46 | 46 | | (F) Service performed by an individual in the employ of his or her son, daughter, or spouse 2 |
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| 47 | 47 | | and service performed by a child under the age of twenty-one (21) in the employ of his or her father 3 |
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| 48 | 48 | | or mother; 4 |
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| 49 | 49 | | (G) Any individual employed between May 1 and October 1 in a resort establishment that 5 |
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| 50 | 50 | | regularly serves meals to the general public and that is open for business not more than six (6) 6 |
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| 51 | 51 | | months a year; 7 |
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| 52 | 52 | | (H) Any individual employed by an organized camp that does not operate for more than 8 |
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| 53 | 53 | | seven (7) months in any calendar year. However, this exemption does not apply to individua ls 9 |
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| 54 | 54 | | employed by the camp on an annual, full-time basis. “Organized camp” means any camp, except a 10 |
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| 55 | 55 | | trailer camp, having a structured program including, but not limited to, recreation, education, and 11 |
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| 56 | 56 | | religious, or any combination of these. 12 |
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| 57 | 57 | | (6) “Employer” includes any individual, partnership, association, corporation, business 13 |
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| 58 | 58 | | trust, or any person, or group of persons, acting directly, or indirectly, in the interest of an employer, 14 |
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| 59 | 59 | | in relation to an employee. 15 |
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| 60 | 60 | | (7) “Occupation” means any occupation, service, trade, business, industry, or branch or 16 |
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| 61 | 61 | | group of industries or employment or class of employment in which individuals are gainfully 17 |
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| 62 | 62 | | employed. 18 |
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| 63 | 63 | | (8) “Wage” means compensation due to an employee by reason of his or her employment. 19 |
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| 64 | 64 | | SECTION 2. This act shall take effect upon passage. 20 |
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| 65 | 65 | | ======== |
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| 66 | 66 | | LC001036 |
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| 69 | 69 | | |
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| 70 | 70 | | LC001036 - Page 3 of 3 |
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| 71 | 71 | | EXPLANATION |
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| 72 | 72 | | BY THE LEGISLATIVE COUNCIL |
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| 73 | 73 | | OF |
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| 74 | 74 | | A N A C T |
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| 75 | 75 | | RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES |
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| 76 | 76 | | *** |
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| 77 | 77 | | This act would allow individuals employed in domestic service or in or about a private 1 |
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| 78 | 78 | | home to be included as an employee, for purposes of minimum wages law. 2 |
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| 79 | 79 | | This act would take effect upon passage. 3 |
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| 80 | 80 | | ======== |
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| 81 | 81 | | LC001036 |
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