AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- PEACE OFFICER MAXIMUM WORKDAY AND OVERTIME COMPENSATION (Establishes a maximum hourly workday for all peace officers as defined in § 12-7-21 and a violation rate of pay of double time and a half.)

H7039

2026 -- H 7039
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- PEACE OFFICER MAXIMUM
WORKDAY AND OVERTIME COMPENSATION

Introduced By:
Representatives Corvese, O'Brien, Noret, Shanley, Azzinaro, Kennedy,
Solomon, Bennett, Read, and J. Brien

Date Introduced:
January 09, 2026

Referred To:
House Labor
It is enacted by the General Assembly as follows:
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SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND
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GOVERNMENT" is hereby amended by adding thereto the following chapter:
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CHAPTER 56.4
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PEACE OFFICER MAXIMUM WORKDAY AND OVERTIME COMPENSATION
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42-56.4-1. Purpose.

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It is declared to be the public policy of this state to establish a maximum workday for
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certain hourly wage employees as defined herein, beyond which the employees cannot be required
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to perform overtime work, in order to safeguard their health, efficiency, and general well-being, as
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well as the health and general well-being of the persons to whom these employees provide care,
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custody and control.
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42-56.4-2. Definitions.

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As used in this chapter:
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(1) "Employee" means peace officers employed by the state, as defined in § 12-7-21.
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(2) "Employer'' means the State of Rhode Island department of corrections;
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(3) "Reasonable efforts" means that the employer shall:
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(i) Seek persons who volunteer to work extra time from all available qualified staff who
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are working at the time of the unforeseeable emergent circumstance; and
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(ii) Contact all qualified employees who have made themselves available to work extra

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time;
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(4) "Regular hourly wage" means the amount that an employee is regularly paid for each
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hour of work, as determined by dividing the total hours of work during the week into the employee's
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total earnings for the week, exclusive of pay for overtime work;
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(5) "Unforeseeable emergent circumstance" means an unpredictable occurrence relating to
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Rhode Island department of corrections, that requires immediate action, and which shall include a
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riot or disturbance in the existing facilities.
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42-56.4-3. Overtime requirement.

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(a) The state shall not require an employee to accept work in excess of an agreed to,
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predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the
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title of correctional officer steward.
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(b) The state shall not require an employee to work overtime in excess of an agreed to,
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predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the
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title of correctional officer steward, except in an unforeseeable emergent circumstance. The refusal
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of any employee to accept such overtime work shall not be grounds for discrimination, dismissal,
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discharge, or any other penalty or employment decision adverse to the employee.
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(c) Nothing in this chapter shall be construed to limit voluntary overtime in excess of an
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agreed to, predetermined scheduled work shift of either eight (8) hours for employees or ten (10)
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hours for employees holding the title of correctional officer steward.
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(d) The provisions of this section shall not apply in the case of an unforeseeable emergent
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circumstance when:
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(1) The overtime is required only as a last resort and is not used to fill vacancies resulting
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from chronic short staffing; and
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(2) The employer has exhausted reasonable efforts to obtain staffing.
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(e) The requirement that the employer shall exhaust reasonable efforts to obtain staffing
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shall not apply in the event of any declared national, state or municipal emergency or a disaster or
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other catastrophic event, which substantially affects or increases the need for employees as defined
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by this chapter.
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42-56.4-4. Penalty for violations.

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If the state violates or fails to comply with any of the provisions of this chapter, it shall be
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required to pay the employee required to work, at a rate of double time and half of their normal
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salary.
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42-56.4-5. Collective bargaining agreements.

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The provisions of this chapter shall not negate any employee rights or benefits now existing

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or later accrued under the applicable collective bargaining agreement.
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42-56.4-6. Severability.

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If any provision of this chapter, or the application of any provision to any person or
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circumstance, is held invalid, the remainder of the chapter and the application of the provision to
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other persons or circumstances are not affected by the invalidity.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- PEACE OFFICER MAXIMUM
WORKDAY AND OVERTIME COMPENSATION
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This act would establish a maximum hourly workday for all peace officers as defined in §
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12-7-21 and would establish a violation rate of pay of double time and a half.
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This act would take effect upon passage.
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