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5 | 5 | | 2025 -- S 0988 |
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6 | 6 | | ======== |
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7 | 7 | | LC002571 |
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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 HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON |
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16 | 16 | | HOLIDAYS AND SUNDAYS |
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17 | 17 | | Introduced By: Senators Appollonio, Acosta, Mack, Lauria, Kallman, Thompson, |
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18 | 18 | | Dimitri, Urso, Vargas, and Pearson |
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19 | 19 | | Date Introduced: April 16, 2025 |
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20 | 20 | | Referred To: Senate Labor & Gaming |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | It is enacted by the General Assembly as follows: |
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24 | 24 | | SECTION 1. Section 25-3-1 of the General Laws in Chapter 25-3 entitled "Work on 1 |
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25 | 25 | | Holidays and Sundays" is hereby amended to read as follows: 2 |
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26 | 26 | | 25-3-1. Definitions. 3 |
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27 | 27 | | As used in this chapter: 4 |
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28 | 28 | | (1) “Director” means the director of the department of labor and training. 5 |
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29 | 29 | | (2) “Economic necessity” means and refers to any case where the director determines that: 6 |
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30 | 30 | | (i) Both the economics and technology of manufacture of the product or a component of 7 |
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31 | 31 | | the product requires continuous conversion or processing of raw materials, intermediates, or 8 |
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32 | 32 | | components without interruption to avoid disproportionate loss of production capacity; 9 |
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33 | 33 | | (ii) The economics and technology of data processing requires the continuous operation of 10 |
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34 | 34 | | data processing equipment to avoid deterioration of equipment or a disproportionate loss of 11 |
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35 | 35 | | computer capacity or where customer requirements are that data processing equipment must be 12 |
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36 | 36 | | available for input or output on a continuous basis; 13 |
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37 | 37 | | (iii) Because prevailing industry practice in the manufacturing or processing of the product 14 |
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38 | 38 | | or in the provision of banking or financial services is to operate facilities within that industry seven 15 |
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39 | 39 | | (7) days per week, the failure to operate on one or more Sundays or holidays will subject the 16 |
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40 | 40 | | employer to a competitive hardship within the industry in which the employer competes; 17 |
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41 | 41 | | (iv) Maintenance or improvement of plant or equipment cannot practically or efficiently 18 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC002571 - Page 2 of 4 |
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45 | 45 | | be performed while production is in process; 1 |
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46 | 46 | | (v) The scheduling of production on Sundays or holidays is necessitated by interrupted or 2 |
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47 | 47 | | allocated energy supplies, or shortages of raw materials or component parts; 3 |
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48 | 48 | | (vi) An employer has been deprived of its normal production schedule by fire, flood, power 4 |
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49 | 49 | | failure, or other circumstances beyond its control; or 5 |
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50 | 50 | | (vii) Circumstances, temporary in nature, are that undue economic hardship would result 6 |
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51 | 51 | | from the inability to operate on one or more Sundays or holidays. 7 |
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52 | 52 | | (3) “Employee” means any individual employed by an employer, but shall not include: 8 |
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53 | 53 | | (i) Any individual employed in agriculture or maritime trades, including commercial 9 |
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54 | 54 | | fishing or boat repairs; 10 |
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55 | 55 | | (ii) Any physician, dentist, attorney at law, or accountant; 11 |
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56 | 56 | | (iii) Any individual engaged in the provision of health care or maintenance; 12 |
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57 | 57 | | (iv) Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other 13 |
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58 | 58 | | recreational facility (except health clubs); 14 |
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59 | 59 | | (v) Any individual employed in the business of offshore petroleum or gas exploration or 15 |
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60 | 60 | | extraction, or in the business of servicing or supplying persons engaged in exploration or extraction; 16 |
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61 | 61 | | (vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued 17 |
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62 | 62 | | pursuant to that section; 18 |
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63 | 63 | | (vii) Any individual employed by an employer holding a license issued pursuant to chapter 19 |
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64 | 64 | | 23 of title 5; or 20 |
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65 | 65 | | (viii) Any individual employed as part of a telephonic delivery of customer service, sales 21 |
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66 | 66 | | operations, and ancillary services related to those services and operations, except for specific 22 |
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67 | 67 | | employment positions in the telecommunications industry that are part of any collective bargaining 23 |
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68 | 68 | | agreement or employment contract in effect on July 2, 1998. 24 |
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69 | 69 | | (4) “Employer” means any natural person, partnership, firm, corporation, or other 25 |
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70 | 70 | | enterprise engaged in industry, transportation, communication, or any other commercial occupation 26 |
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71 | 71 | | involving one or more employees. 27 |
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72 | 72 | | (5) “Holidays” means Sunday, New Year’s Day, Memorial Day, Dr. Martin Luther King, 28 |
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73 | 73 | | Jr.’s Birthday, as defined in § 25-2-18, Juneteenth National Freedom Day, July 4th, Victory Day, 29 |
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74 | 74 | | Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, and Christmas; provided, that as it 30 |
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75 | 75 | | pertains to all offices of state and municipal government, the term “holiday” includes in addition 31 |
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76 | 76 | | to the holidays enumerated in this subdivision, Dr. Martin Luther King, Jr.’s Birthday, as defined 32 |
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77 | 77 | | in § 25-2-18. 33 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC002571 - Page 3 of 4 |
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81 | 81 | | SECTION 2. This act shall take effect upon passage. 1 |
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83 | 83 | | LC002571 |
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86 | 86 | | |
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87 | 87 | | LC002571 - Page 4 of 4 |
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88 | 88 | | EXPLANATION |
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89 | 89 | | BY THE LEGISLATIVE COUNCIL |
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90 | 90 | | OF |
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91 | 91 | | A N A C T |
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92 | 92 | | RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON |
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93 | 93 | | HOLIDAYS AND SUNDAYS |
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94 | 94 | | *** |
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95 | 95 | | This act would include Dr. Martin Luther King, Jr.’s Birthday as a holiday. 1 |
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96 | 96 | | This act would take effect upon passage. 2 |
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97 | 97 | | ======== |
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98 | 98 | | LC002571 |
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