Rhode Island 2025 Regular Session

Rhode Island House Bill H5685 Compare Versions

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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 HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON
1616 HOLIDAYS AND SUNDAYS
1717 Introduced By: Representatives Edwards, McGaw, Diaz, Costantino, Ackerman, and
1818 Shanley
1919 Date Introduced: February 26, 2025
2020 Referred To: House Labor
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2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 25-3-1 of the General Laws in Chapter 25-3 entitled "Work on 1
2525 Holidays and Sundays" is hereby amended to read as follows: 2
2626 25-3-1. Definitions. 3
2727 As used in this chapter: 4
2828 (1) “Director” means the director of the department of labor and training. 5
2929 (2) “Economic necessity” means and refers to any case where the director determines that: 6
3030 (i) Both the economics and technology of manufacture of the product or a component of 7
3131 the product requires continuous conversion or processing of raw materials, intermediates, or 8
3232 components without interruption to avoid disproportionate loss of production capacity; 9
3333 (ii) The economics and technology of data processing requires the continuous operation of 10
3434 data processing equipment to avoid deterioration of equipment or a disproportionate loss of 11
3535 computer capacity or where customer requirements are that data processing equipment must be 12
3636 available for input or output on a continuous basis; 13
3737 (iii) Because prevailing industry practice in the manufacturing or processing of the product 14
3838 or in the provision of banking or financial services is to operate facilities within that industry seven 15
3939 (7) days per week, the failure to operate on one or more Sundays or holidays will subject the 16
4040 employer to a competitive hardship within the industry in which the employer competes; 17
4141 (iv) Maintenance or improvement of plant or equipment cannot practically or efficiently 18
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4545 be performed while production is in process; 1
4646 (v) The scheduling of production on Sundays or holidays is necessitated by interrupted or 2
4747 allocated energy supplies, or shortages of raw materials or component parts; 3
4848 (vi) An employer has been deprived of its normal production schedule by fire, flood, power 4
4949 failure, or other circumstances beyond its control; or 5
5050 (vii) Circumstances, temporary in nature, are that undue economic hardship would result 6
5151 from the inability to operate on one or more Sundays or holidays. 7
5252 (3) “Employee” means any individual employed by an employer, but shall not include: 8
5353 (i) Any individual employed in agriculture or maritime trades, including commercial 9
5454 fishing or boat repairs; 10
5555 (ii) Any physician, dentist, attorney at law, or accountant; 11
5656 (iii) Any individual engaged in the provision of health care or maintenance; 12
5757 (iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other 13
5858 recreational facility (except health clubs and casinos); 14
5959 (v) Any individual employed in the business of offshore petroleum or gas exploration or 15
6060 extraction, or in the business of servicing or supplying persons engaged in exploration or extraction; 16
6161 (vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued 17
6262 pursuant to that section; 18
6363 (vii) Any individual employed by an employer holding a license issued pursuant to chapter 19
6464 23 of title 5; or 20
6565 (viii) Any individual employed as part of a telephonic delivery of customer service, sales 21
6666 operations, and ancillary services related to those services and operations, except for specific 22
6767 employment positions in the telecommunications industry that are part of any collective bargaining 23
6868 agreement or employment contract in effect on July 2, 1998. 24
6969 (4) “Employer” means any natural person, partnership, firm, corporation, or other 25
7070 enterprise engaged in industry, transportation, communication, or any other commercial occupation 26
7171 involving one or more employees. 27
7272 (5) “Holidays” means Sunday, New Year’s Day, Memorial Day, Juneteenth National 28
7373 Freedom Day, July 4th, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, 29
7474 and Christmas; provided, that as it pertains to all offices of state and municipal government, the 30
7575 term “holiday” includes in addition to the holidays enumerated in this subdivision, Dr. Martin 31
7676 Luther King, Jr.’s Birthday, as defined in § 25-2-18. 32
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8080 SECTION 2. This act shall take effect upon passage. 1
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8787 EXPLANATION
8888 BY THE LEGISLATIVE COUNCIL
8989 OF
9090 A N A C T
9191 RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON
9292 HOLIDAYS AND SUNDAYS
9393 ***
9494 This act would allow casino workers to receive overtime pay for working Sundays and 1
9595 Holidays. 2
9696 This act would take effect upon passage. 3
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