| 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 HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- HOLIDAYS |
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| 16 | 16 | | Introduced By: Representatives Henries, Stewart, Alzate, Hull, Abney, Felix, Biah, |
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| 17 | 17 | | Boylan, Cruz, and Kazarian |
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| 18 | 18 | | Date Introduced: February 03, 2023 |
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| 19 | 19 | | Referred To: House Special Legislation |
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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 25-1-1 of the General Laws in Chapter 25-1 entitled "Holidays" is 1 |
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| 24 | 24 | | hereby amended to read as follows: 2 |
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| 25 | 25 | | 25-1-1. General holidays enumerated. 3 |
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| 26 | 26 | | The first day of January or, in the event that day is a Saturday or Sunday, then state 4 |
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| 27 | 27 | | employees will celebrate the holiday on the following Monday (as New Year’s Day), the third 5 |
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| 28 | 28 | | Monday of January (as Dr. Martin Luther King, Jr.’s Birthday), the third Monday of February (as 6 |
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| 29 | 29 | | Washington’s Birthday), the fourth day of May (as Rhode Island Independence Day), the last 7 |
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| 30 | 30 | | Monday of May (as Memorial Day), the nineteenth day of June or, in the event that day is a 8 |
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| 31 | 31 | | Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as 9 |
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| 32 | 32 | | Juneteenth National Freedom Day), the fourth day of July or, in the event that day is a Saturday or 10 |
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| 33 | 33 | | Sunday, then state employees will celebrate the holiday on the following Monday (as Independence 11 |
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| 34 | 34 | | Day), the second Monday of August (as Victory Day), the first Monday of September (as Labor 12 |
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| 35 | 35 | | Day), the second Monday of October (as Columbus Day), the eleventh day of November or, in the 13 |
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| 36 | 36 | | event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the 14 |
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| 37 | 37 | | following Monday (as Veterans’ Day), the twenty-fifth day of December, or in the event that day 15 |
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| 38 | 38 | | is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday 16 |
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| 39 | 39 | | (as Christmas Day), and each of the above days in every year, or when either of the above days 17 |
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| 40 | 40 | | falls on the first day of the week, then the day following it, the Tuesday next after the first Monday 18 |
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| 41 | 41 | | in November in each year in which a general election of state officers is held (as election day), the 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 45 | 45 | | first day of every week (commonly called Sunday), and any other days as the governor or general 1 |
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| 46 | 46 | | assembly of this state or the president or the congress of the United States shall appoint as holidays 2 |
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| 47 | 47 | | for any purpose, days of thanksgiving, or days of solemn fast, shall be holidays. 3 |
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| 48 | 48 | | SECTION 2. Section 25-3-1 of the General Laws in Chapter 25-3 entitled "Work on 4 |
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| 49 | 49 | | Holidays and Sundays" is hereby amended to read as follows: 5 |
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| 50 | 50 | | 25-3-1. Definitions. 6 |
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| 51 | 51 | | As used in this chapter: 7 |
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| 52 | 52 | | (1) “Director” means the director of the department of labor and training; 8 |
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| 53 | 53 | | (2) “Economic necessity” means and refers to any case where the director determines that: 9 |
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| 54 | 54 | | (i) Both the economics and technology of manufacture of the product or a component of 10 |
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| 55 | 55 | | the product requires continuous conversion or processing of raw materials, intermediates, or 11 |
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| 56 | 56 | | components without interruption to avoid disproportionate loss of production capacity; 12 |
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| 57 | 57 | | (ii) The economics and technology of data processing requires the continuous operation of 13 |
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| 58 | 58 | | data processing equipment to avoid deterioration of equipment or a disproportionate loss of 14 |
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| 59 | 59 | | computer capacity or where customer requirements are that data processing equipment must be 15 |
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| 60 | 60 | | available for input or output on a continuous basis; 16 |
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| 61 | 61 | | (iii) Because prevailing industry practice in the manufacturing or processing of the product 17 |
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| 62 | 62 | | or in the provision of banking or financial services is to operate facilities within that industry seven 18 |
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| 63 | 63 | | (7) days per week, the failure to operate on one or more Sundays or holidays will subject the 19 |
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| 64 | 64 | | employer to a competitive hardship within the industry in which the employer competes; 20 |
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| 65 | 65 | | (iv) Maintenance or improvement of plant or equipment cannot practically or efficiently 21 |
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| 66 | 66 | | be performed while production is in process; 22 |
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| 67 | 67 | | (v) The scheduling of production on Sundays or holidays is necessitated by interrupted or 23 |
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| 68 | 68 | | allocated energy supplies, or shortages of raw materials or component parts; 24 |
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| 69 | 69 | | (vi) An employer has been deprived of its normal production schedule by fire, flood, power 25 |
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| 70 | 70 | | failure, or other circumstances beyond its control; or 26 |
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| 71 | 71 | | (vii) Circumstances, temporary in nature, are that undue economic hardship would result 27 |
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| 72 | 72 | | from the inability to operate on one or more Sundays or holidays; 28 |
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| 73 | 73 | | (3) “Employee” means any individual employed by an employer, but shall not include: 29 |
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| 74 | 74 | | (i) Any individual employed in agriculture or maritime trades, including commercial 30 |
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| 75 | 75 | | fishing or boat repairs; 31 |
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| 76 | 76 | | (ii) Any physician, dentist, attorney at law, or accountant; 32 |
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| 77 | 77 | | (iii) Any individual engaged in the provision of health care or maintenance; 33 |
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| 78 | 78 | | (iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 82 | 82 | | recreational facility (except health clubs); 1 |
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| 83 | 83 | | (v) Any individual employed in the business of offshore petroleum or gas exploration or 2 |
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| 84 | 84 | | extraction, or in the business of servicing or supplying persons engaged in exploration or extraction; 3 |
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| 85 | 85 | | (vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued 4 |
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| 86 | 86 | | pursuant to that section; 5 |
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| 87 | 87 | | (vii) Any individual employed by an employer holding a license issued pursuant to chapter 6 |
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| 88 | 88 | | 23 of title 5; or 7 |
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| 89 | 89 | | (viii) Any individual employed as part of a telephonic delivery of customer service, sales 8 |
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| 90 | 90 | | operations, and ancillary services related to those services and operations, except for specific 9 |
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| 91 | 91 | | employment positions in the telecommunications industry that are part of any collective bargaining 10 |
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| 92 | 92 | | agreement or employment contract in effect on July 2, 1998. 11 |
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| 93 | 93 | | (4) “Employer” means any natural person, partnership, firm, corporation, or other 12 |
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| 94 | 94 | | enterprise engaged in industry, transportation, communication, or any other commercial occupation 13 |
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| 95 | 95 | | involving one or more employees; and 14 |
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| 96 | 96 | | (5) “Holidays” means Sunday, New Year’s Day, Memorial Day, Juneteenth National 15 |
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| 97 | 97 | | Freedom Day, July 4th, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, 16 |
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| 98 | 98 | | and Christmas; provided, that as it pertains to all offices of state and municipal government, the 17 |
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| 99 | 99 | | term “holiday” includes in addition to the holidays enumerated in this subdivision, Dr. Martin 18 |
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| 100 | 100 | | Luther King, Jr.’s Birthday, as defined in § 25-2-18. 19 |
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