Rhode Island 2025 Regular Session

Rhode Island House Bill H5136 Compare Versions

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55 2025 -- H 5136
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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. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES
1616 Introduced By: Representative Julie A. Casimiro
1717 Date Introduced: January 22, 2025
1818 Referred To: House Labor
1919 (by request)
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Sections 28-12-3 and 28-12-5 of the General Laws in Chapter 28-12 entitled 1
2323 "Minimum Wages" are hereby amended to read as follows: 2
2424 28-12-3. Minimum wages. 3
2525 (a) Every employer shall pay to each of his or her employees: commencing July 1, 1999, 4
2626 at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing 5
2727 September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour. 6
2828 (b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents 7
2929 ($6.75) per hour. 8
3030 (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10) 9
3131 per hour. 10
3232 (d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents 11
3333 ($7.40) per hour. 12
3434 (e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five 13
3535 cents ($7.75) per hour. 14
3636 (f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour. 15
3737 (g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour. 16
3838 (h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60) 17
3939 per hour. 18
4040 (i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10) 19
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4444 per hour. 1
4545 (j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50) 2
4646 per hour. 3
4747 (k) Commencing October 1, 2020, the minimum wage is eleven dollars and fifty cents 4
4848 ($11.50) per hour. 5
4949 (l) Commencing January 1, 2022, the minimum wage is twelve dollars and twenty-five 6
5050 cents ($12.25) per hour. 7
5151 (m) Commencing January 1, 2023, the minimum wage is thirteen dollars ($13.00) per hour. 8
5252 (n) Commencing January 1, 2024, the minimum wage is fourteen dollars ($14.00) per hour. 9
5353 (o) Commencing January 1, 2025, the minimum wage is fifteen dollars ($15.00) per hour. 10
5454 (p) Commencing January 1, 2026 and ending on January 1, 2031, the minimum wage will 11
5555 increase annually on January 1 by one dollar and fifty cents ($1.50) until the minimum wage is 12
5656 twenty-four dollars ($24.00) per hour. 13
5757 28-12-5. Employees receiving gratuities. 14
5858 (a) Every employer shall pay to each of the employer’s employees who are engaged in any 15
5959 work or employment in which gratuities have customarily and usually constituted a part of his or 16
6060 her weekly income, the rate as provided by §§ 28-12-3 and 28-12-3.1. 17
6161 (b) Allowance for gratuities as part of the hourly wage rate for restaurants, hotels, and other 18
6262 industries, except taxicabs and limited public motor vehicles, shall be an amount equal to the 19
6363 applicable minimum rates as provided by §§ 28-12-3 and 28-12-3.1 less two dollars and eighty-20
6464 nine cents ($2.89) per hour. “Gratuities” means voluntary monetary compensation received directly 21
6565 or indirectly by the employee for services rendered. 22
6666 (c) Each employer desiring to deduct for gratuities as part of the minimum rates as provided 23
6767 in §§ 28-12-3 and 28-12-3.1 wages paid to an employee shall provide substantial evidence that the 24
6868 amount shall be as set out in the formula in subsection (b) of this section; however, the cash wage 25
6969 shall not be less than two dollars and eighty-nine cents ($2.89) per hour; provided, however, that 26
7070 commencing January 1, 2016, the cash wage shall increase by fifty cents ($.50) to an amount not 27
7171 less than three dollars and thirty-nine cents ($3.39) per hour; provided further, that commencing 28
7272 January 1, 2017, the cash wage shall increase by fifty cents ($.50) to an amount not less than three 29
7373 dollars and eighty-nine cents ($3.89) per hour; provided further, that commencing January 1, 2026, 30
7474 the cash wage shall increase by three dollars and six cents ($3.06) to an amount not less than six 31
7575 dollars and ninety-five cents ($6.95) per hour; commencing January 1, 2027, the cash wage shall 32
7676 increase by two dollars ($2.00) to an amount not less than eight dollars and ninety-five cents ($8.95) 33
7777 per hour; commencing January 1, 2028, the cash wage shall increase by two dollars ($2.00) to an 34
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8181 amount not less than ten dollars and ninety-five cents ($10.95) per hour; commencing January 1, 1
8282 2029, the cash wage shall increase by two dollars ($2.00) to an amount not less than twelve dollars 2
8383 and ninety-five cents ($12.95) per hour; commencing January 1, 2030, the cash wage shall increase 3
8484 by two dollars ($2.00) to an amount not less than fourteen dollars and ninety-five cents ($14.95) 4
8585 per hour; commencing January 1, 2031, the cash wage shall be no less than the minimum wage 5
8686 established pursuant to § 28-12-3. 6
8787 (d) The director of labor and training shall notify employers concerning what type of proof 7
8888 shall be accepted as substantial evidence for the purpose of this subsection. Employees involved 8
8989 shall be entitled to a hearing on the question of the amount of deduction if they so desire. 9
9090 (e) In cases where wages are figured by the employer on an incentive basis in such a manner 10
9191 that an employee of reasonable average ability earns at least the minimum wage established by §§ 11
9292 28-12-3 and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be 12
9393 of no concern to the director of labor and training how the employer arrives at its wage scale so 13
9494 long as it is not unreasonable in its demands on the employee. 14
9595 (f) Where, in the case of the employment of a full-time student who has not attained his or 15
9696 her nineteenth (19th) birthday engaged in the activities of a nonprofit association or corporation, 16
9797 whose aims and objectives are religious, educational, librarial, or community service in nature, the 17
9898 employer-employee relationship does exist, the employer shall pay to each such employee wages 18
9999 at a rate of not less than ninety percent (90%) of the minimum wage as specified in § 28-12-3. In 19
100100 case of any conflict between provisions of this section and those of § 28-12-3.1, the provisions of 20
101101 § 28-12-3.1 shall govern. 21
102102 SECTION 2. This act shall take effect upon passage. 22
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109109 EXPLANATION
110110 BY THE LEGISLATIVE COUNCIL
111111 OF
112112 A N A C T
113113 RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES
114114 ***
115115 This act would gradually increase the minimum wage for employees receiving gratuities 1
116116 between January 1, 2026 through January 1, 2031 to the minimum wage established in § 28-12-3 2
117117 exclusive of gratuities. 3
118118 This act would take effect upon passage. 4
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