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4 | 4 | | |
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5 | 5 | | 2025 -- H 5136 |
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6 | 6 | | ======== |
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7 | 7 | | LC000474 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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: Representative Julie A. Casimiro |
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17 | 17 | | Date Introduced: January 22, 2025 |
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18 | 18 | | Referred To: House Labor |
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19 | 19 | | (by request) |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Sections 28-12-3 and 28-12-5 of the General Laws in Chapter 28-12 entitled 1 |
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23 | 23 | | "Minimum Wages" are hereby amended to read as follows: 2 |
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24 | 24 | | 28-12-3. Minimum wages. 3 |
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25 | 25 | | (a) Every employer shall pay to each of his or her employees: commencing July 1, 1999, 4 |
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26 | 26 | | at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing 5 |
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27 | 27 | | September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour. 6 |
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28 | 28 | | (b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents 7 |
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29 | 29 | | ($6.75) per hour. 8 |
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30 | 30 | | (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10) 9 |
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31 | 31 | | per hour. 10 |
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32 | 32 | | (d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents 11 |
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33 | 33 | | ($7.40) per hour. 12 |
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34 | 34 | | (e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five 13 |
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35 | 35 | | cents ($7.75) per hour. 14 |
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36 | 36 | | (f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour. 15 |
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37 | 37 | | (g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour. 16 |
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38 | 38 | | (h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60) 17 |
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39 | 39 | | per hour. 18 |
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40 | 40 | | (i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10) 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC000474 - Page 2 of 4 |
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44 | 44 | | per hour. 1 |
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45 | 45 | | (j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50) 2 |
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46 | 46 | | per hour. 3 |
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47 | 47 | | (k) Commencing October 1, 2020, the minimum wage is eleven dollars and fifty cents 4 |
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48 | 48 | | ($11.50) per hour. 5 |
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49 | 49 | | (l) Commencing January 1, 2022, the minimum wage is twelve dollars and twenty-five 6 |
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50 | 50 | | cents ($12.25) per hour. 7 |
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51 | 51 | | (m) Commencing January 1, 2023, the minimum wage is thirteen dollars ($13.00) per hour. 8 |
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52 | 52 | | (n) Commencing January 1, 2024, the minimum wage is fourteen dollars ($14.00) per hour. 9 |
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53 | 53 | | (o) Commencing January 1, 2025, the minimum wage is fifteen dollars ($15.00) per hour. 10 |
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54 | 54 | | (p) Commencing January 1, 2026 and ending on January 1, 2031, the minimum wage will 11 |
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55 | 55 | | increase annually on January 1 by one dollar and fifty cents ($1.50) until the minimum wage is 12 |
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56 | 56 | | twenty-four dollars ($24.00) per hour. 13 |
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57 | 57 | | 28-12-5. Employees receiving gratuities. 14 |
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58 | 58 | | (a) Every employer shall pay to each of the employer’s employees who are engaged in any 15 |
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59 | 59 | | work or employment in which gratuities have customarily and usually constituted a part of his or 16 |
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60 | 60 | | her weekly income, the rate as provided by §§ 28-12-3 and 28-12-3.1. 17 |
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61 | 61 | | (b) Allowance for gratuities as part of the hourly wage rate for restaurants, hotels, and other 18 |
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62 | 62 | | industries, except taxicabs and limited public motor vehicles, shall be an amount equal to the 19 |
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63 | 63 | | applicable minimum rates as provided by §§ 28-12-3 and 28-12-3.1 less two dollars and eighty-20 |
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64 | 64 | | nine cents ($2.89) per hour. “Gratuities” means voluntary monetary compensation received directly 21 |
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65 | 65 | | or indirectly by the employee for services rendered. 22 |
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66 | 66 | | (c) Each employer desiring to deduct for gratuities as part of the minimum rates as provided 23 |
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67 | 67 | | in §§ 28-12-3 and 28-12-3.1 wages paid to an employee shall provide substantial evidence that the 24 |
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68 | 68 | | amount shall be as set out in the formula in subsection (b) of this section; however, the cash wage 25 |
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69 | 69 | | shall not be less than two dollars and eighty-nine cents ($2.89) per hour; provided, however, that 26 |
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70 | 70 | | commencing January 1, 2016, the cash wage shall increase by fifty cents ($.50) to an amount not 27 |
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71 | 71 | | less than three dollars and thirty-nine cents ($3.39) per hour; provided further, that commencing 28 |
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72 | 72 | | January 1, 2017, the cash wage shall increase by fifty cents ($.50) to an amount not less than three 29 |
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73 | 73 | | dollars and eighty-nine cents ($3.89) per hour; provided further, that commencing January 1, 2026, 30 |
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74 | 74 | | the cash wage shall increase by three dollars and six cents ($3.06) to an amount not less than six 31 |
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75 | 75 | | dollars and ninety-five cents ($6.95) per hour; commencing January 1, 2027, the cash wage shall 32 |
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76 | 76 | | increase by two dollars ($2.00) to an amount not less than eight dollars and ninety-five cents ($8.95) 33 |
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77 | 77 | | per hour; commencing January 1, 2028, the cash wage shall increase by two dollars ($2.00) to an 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC000474 - Page 3 of 4 |
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81 | 81 | | amount not less than ten dollars and ninety-five cents ($10.95) per hour; commencing January 1, 1 |
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82 | 82 | | 2029, the cash wage shall increase by two dollars ($2.00) to an amount not less than twelve dollars 2 |
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83 | 83 | | and ninety-five cents ($12.95) per hour; commencing January 1, 2030, the cash wage shall increase 3 |
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84 | 84 | | by two dollars ($2.00) to an amount not less than fourteen dollars and ninety-five cents ($14.95) 4 |
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85 | 85 | | per hour; commencing January 1, 2031, the cash wage shall be no less than the minimum wage 5 |
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86 | 86 | | established pursuant to § 28-12-3. 6 |
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87 | 87 | | (d) The director of labor and training shall notify employers concerning what type of proof 7 |
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88 | 88 | | shall be accepted as substantial evidence for the purpose of this subsection. Employees involved 8 |
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89 | 89 | | shall be entitled to a hearing on the question of the amount of deduction if they so desire. 9 |
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90 | 90 | | (e) In cases where wages are figured by the employer on an incentive basis in such a manner 10 |
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91 | 91 | | that an employee of reasonable average ability earns at least the minimum wage established by §§ 11 |
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92 | 92 | | 28-12-3 and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be 12 |
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93 | 93 | | of no concern to the director of labor and training how the employer arrives at its wage scale so 13 |
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94 | 94 | | long as it is not unreasonable in its demands on the employee. 14 |
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95 | 95 | | (f) Where, in the case of the employment of a full-time student who has not attained his or 15 |
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96 | 96 | | her nineteenth (19th) birthday engaged in the activities of a nonprofit association or corporation, 16 |
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97 | 97 | | whose aims and objectives are religious, educational, librarial, or community service in nature, the 17 |
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98 | 98 | | employer-employee relationship does exist, the employer shall pay to each such employee wages 18 |
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99 | 99 | | at a rate of not less than ninety percent (90%) of the minimum wage as specified in § 28-12-3. In 19 |
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100 | 100 | | case of any conflict between provisions of this section and those of § 28-12-3.1, the provisions of 20 |
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101 | 101 | | § 28-12-3.1 shall govern. 21 |
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102 | 102 | | SECTION 2. This act shall take effect upon passage. 22 |
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103 | 103 | | ======== |
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104 | 104 | | LC000474 |
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105 | 105 | | ======== |
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106 | 106 | | |
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107 | 107 | | |
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108 | 108 | | LC000474 - Page 4 of 4 |
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109 | 109 | | EXPLANATION |
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110 | 110 | | BY THE LEGISLATIVE COUNCIL |
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111 | 111 | | OF |
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112 | 112 | | A N A C T |
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113 | 113 | | RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES |
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114 | 114 | | *** |
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115 | 115 | | This act would gradually increase the minimum wage for employees receiving gratuities 1 |
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116 | 116 | | between January 1, 2026 through January 1, 2031 to the minimum wage established in § 28-12-3 2 |
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117 | 117 | | exclusive of gratuities. 3 |
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118 | 118 | | This act would take effect upon passage. 4 |
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119 | 119 | | ======== |
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120 | 120 | | LC000474 |
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