2025 -- S 0215
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LC000817
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES
Introduced By: Senators Mack, Ciccone, Murray, Kallman, Lauria, Valverde, Thompson,
Quezada, and Acosta
Date Introduced: February 07, 2025
Referred To: Senate Labor & Gaming
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-12-5 of the General Laws in Chapter 28-12 entitled "Minimum 1
Wages" is hereby amended to read as follows: 2
28-12-5. Employees receiving gratuities. 3
(a) Every employer shall pay to each of the employer’s employees who are engaged in any 4
work or employment in which gratuities have customarily and usually constituted a part of his or 5
her weekly income, the rate as provided by §§ 28-12-3 and 28-12-3.1. 6
(b) Allowance for gratuities as part of the hourly wage rate for restaurants, hotels, and other 7
industries, except taxicabs and limited public motor vehicles, shall be an amount equal to the 8
applicable minimum rates as provided by §§ 28-12-3 and 28-12-3.1 less two dollars and eighty-9
nine cents ($2.89) per hour. “Gratuities” means voluntary monetary compensation received directly 10
or indirectly by the employee for services rendered. 11
(c) Each employer desiring to deduct for gratuities as part of the minimum rates as provided 12
in §§ 28-12-3 and 28-12-3.1 wages paid to an employee shall provide substantial evidence that the 13
amount shall be as set out in the formula in subsection (b) of this section; however, the cash wage 14
shall not be less than two dollars and eighty-nine cents ($2.89) per hour; provided, however, that 15
commencing January 1, 2016, the cash wage shall increase by fifty cents ($.50) to an amount not 16
less than three dollars and thirty-nine cents ($3.39) per hour; provided further, that commencing 17
January 1, 2017, the cash wage shall increase by fifty cents ($.50) to an amount not less than three 18
dollars and eighty-nine cents ($3.89) per hour; provided further, that commencing January 1, 2026, 19
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the cash wage shall increase by two dollars and eighty-six cents ($2.86) to an amount not less than 1
six dollars and seventy-five cents ($6.75) per hour. 2
(d) The director of labor and training shall notify employers concerning what type of proof 3
shall be accepted as substantial evidence for the purpose of this subsection. Employees involved 4
shall be entitled to a hearing on the question of the amount of deduction if they so desire. 5
(e) In cases where wages are figured by the employer on an incentive basis in such a manner 6
that an employee of reasonable average ability earns at least the minimum wage established by §§ 7
28-12-3 and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be 8
of no concern to the director of labor and training how the employer arrives at its wage scale so 9
long as it is not unreasonable in its demands on the employee. 10
(f) Where, in the case of the employment of a full-time student who has not attained his or 11
her nineteenth (19th) birthday engaged in the activities of a nonprofit association or corporation, 12
whose aims and objectives are religious, educational, librarial, or community service in nature, the 13
employer-employee relationship does exist, the employer shall pay to each such employee wages 14
at a rate of not less than ninety percent (90%) of the minimum wage as specified in § 28-12-3. In 15
case of any conflict between provisions of this section and those of § 28-12-3.1, the provisions of 16
§ 28-12-3.1 shall govern. 17
SECTION 2. This act shall take effect upon passage. 18
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- MINIMUM WAGES
***
Commencing January 1, 2026, this act would increase the minimum wage for employees 1
receiving gratuities from the current three dollars and eighty-nine cents ($3.89) to six dollars and 2
seventy-five cents ($6.75) per hour. 3
This act would take effect upon passage. 4
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