2023 -- H 5380
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- HOLIDAYS
Introduced By: Representatives Henries, Stewart, Alzate, Hull, Abney, Felix, Biah,
Boylan, Cruz, and Kazarian
Date Introduced: February 03, 2023
Referred To: House Special Legislation
It is enacted by the General Assembly as follows:
SECTION 1. Section 25-1-1 of the General Laws in Chapter 25-1 entitled "Holidays" is 1
hereby amended to read as follows: 2
25-1-1. General holidays enumerated. 3
The first day of January or, in the event that day is a Saturday or Sunday, then state 4
employees will celebrate the holiday on the following Monday (as New Year’s Day), the third 5
Monday of January (as Dr. Martin Luther King, Jr.’s Birthday), the third Monday of February (as 6
Washington’s Birthday), the fourth day of May (as Rhode Island Independence Day), the last 7
Monday of May (as Memorial Day), the nineteenth day of June or, in the event that day is a 8
Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as 9
Juneteenth National Freedom Day), the fourth day of July or, in the event that day is a Saturday or 10
Sunday, then state employees will celebrate the holiday on the following Monday (as Independence 11
Day), the second Monday of August (as Victory Day), the first Monday of September (as Labor 12
Day), the second Monday of October (as Columbus Day), the eleventh day of November or, in the 13
event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the 14
following Monday (as Veterans’ Day), the twenty-fifth day of December, or in the event that day 15
is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday 16
(as Christmas Day), and each of the above days in every year, or when either of the above days 17
falls on the first day of the week, then the day following it, the Tuesday next after the first Monday 18
in November in each year in which a general election of state officers is held (as election day), the 19
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first day of every week (commonly called Sunday), and any other days as the governor or general 1
assembly of this state or the president or the congress of the United States shall appoint as holidays 2
for any purpose, days of thanksgiving, or days of solemn fast, shall be holidays. 3
SECTION 2. Section 25-3-1 of the General Laws in Chapter 25-3 entitled "Work on 4
Holidays and Sundays" is hereby amended to read as follows: 5
25-3-1. Definitions. 6
As used in this chapter: 7
(1) “Director” means the director of the department of labor and training; 8
(2) “Economic necessity” means and refers to any case where the director determines that: 9
(i) Both the economics and technology of manufacture of the product or a component of 10
the product requires continuous conversion or processing of raw materials, intermediates, or 11
components without interruption to avoid disproportionate loss of production capacity; 12
(ii) The economics and technology of data processing requires the continuous operation of 13
data processing equipment to avoid deterioration of equipment or a disproportionate loss of 14
computer capacity or where customer requirements are that data processing equipment must be 15
available for input or output on a continuous basis; 16
(iii) Because prevailing industry practice in the manufacturing or processing of the product 17
or in the provision of banking or financial services is to operate facilities within that industry seven 18
(7) days per week, the failure to operate on one or more Sundays or holidays will subject the 19
employer to a competitive hardship within the industry in which the employer competes; 20
(iv) Maintenance or improvement of plant or equipment cannot practically or efficiently 21
be performed while production is in process; 22
(v) The scheduling of production on Sundays or holidays is necessitated by interrupted or 23
allocated energy supplies, or shortages of raw materials or component parts; 24
(vi) An employer has been deprived of its normal production schedule by fire, flood, power 25
failure, or other circumstances beyond its control; or 26
(vii) Circumstances, temporary in nature, are that undue economic hardship would result 27
from the inability to operate on one or more Sundays or holidays; 28
(3) “Employee” means any individual employed by an employer, but shall not include: 29
(i) Any individual employed in agriculture or maritime trades, including commercial 30
fishing or boat repairs; 31
(ii) Any physician, dentist, attorney at law, or accountant; 32
(iii) Any individual engaged in the provision of health care or maintenance; 33
(iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other 34
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recreational facility (except health clubs); 1
(v) Any individual employed in the business of offshore petroleum or gas exploration or 2
extraction, or in the business of servicing or supplying persons engaged in exploration or extraction; 3
(vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued 4
pursuant to that section; 5
(vii) Any individual employed by an employer holding a license issued pursuant to chapter 6
23 of title 5; or 7
(viii) Any individual employed as part of a telephonic delivery of customer service, sales 8
operations, and ancillary services related to those services and operations, except for specific 9
employment positions in the telecommunications industry that are part of any collective bargaining 10
agreement or employment contract in effect on July 2, 1998. 11
(4) “Employer” means any natural person, partnership, firm, corporation, or other 12
enterprise engaged in industry, transportation, communication, or any other commercial occupation 13
involving one or more employees; and 14
(5) “Holidays” means Sunday, New Year’s Day, Memorial Day, Juneteenth National 15
Freedom Day, July 4th, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, 16
and Christmas; provided, that as it pertains to all offices of state and municipal government, the 17
term “holiday” includes in addition to the holidays enumerated in this subdivision, Dr. Martin 18
Luther King, Jr.’s Birthday, as defined in § 25-2-18. 19
SECTION 3. This act shall take effect upon passage. 20
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- HOLIDAYS
***
This act would establish June 19th as a state holiday, to be known as “Juneteenth National 1
Freedom Day”. 2
This act would take effect upon passage. 3
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