AN ACT RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON HOLIDAYS AND SUNDAYS (Excludes from the definition of an "employee" any individual employed in catering, commissary, or food establishment, for purposes of the provisions requiring payment of wages at one and one-half normal rate of pay for work on holidays and Sundays.)

H7973

2026 -- H 7973
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LC005179
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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 HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON
HOLIDAYS AND SUNDAYS

Introduced By:
Representative Alex S. Finkelman

Date Introduced:
February 27, 2026

Referred To:
House Labor
It is enacted by the General Assembly as follows:
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SECTION 1. Section 25-3-1 of the General Laws in Chapter 25-3 entitled "Work on
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Holidays and Sundays" is hereby amended to read as follows:
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25-3-1. Definitions.
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As used in this chapter:
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(1) “Director” means the director of the department of labor and training.
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(2) “Economic necessity” means and refers to any case where the director determines that:
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(i) Both the economics and technology of manufacture of the product or a component of
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the product requires continuous conversion or processing of raw materials, intermediates, or
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components without interruption to avoid disproportionate loss of production capacity;
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(ii) The economics and technology of data processing requires the continuous operation of
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data processing equipment to avoid deterioration of equipment or a disproportionate loss of
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computer capacity or where customer requirements are that data processing equipment must be
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available for input or output on a continuous basis;
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(iii) Because prevailing industry practice in the manufacturing or processing of the product
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or in the provision of banking or financial services is to operate facilities within that industry seven
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(7) days per week, the failure to operate on one or more Sundays or holidays will subject the
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employer to a competitive hardship within the industry in which the employer competes;
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(iv) Maintenance or improvement of plant or equipment cannot practically or efficiently

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be performed while production is in process;
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(v) The scheduling of production on Sundays or holidays is necessitated by interrupted or
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allocated energy supplies, or shortages of raw materials or component parts;
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(vi) An employer has been deprived of its normal production schedule by fire, flood, power
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failure, or other circumstances beyond its control; or
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(vii) Circumstances, temporary in nature, are that undue economic hardship would result
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from the inability to operate on one or more Sundays or holidays.
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(3) “Employee” means any individual employed by an employer, but shall not include:
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(i) Any individual employed in agriculture or maritime trades, including commercial
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fishing or boat repairs;
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(ii) Any physician, dentist, attorney at law, or accountant;
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(iii) Any individual engaged in the provision of health care or maintenance;
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(iv) Any individual employed in a restaurant,
catering, commissary, or food service
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establishment,
hotel, motel, summer camp, resort, or other recreational facility (except health
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clubs);
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(v) Any individual employed in the business of offshore petroleum or gas exploration or
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extraction, or in the business of servicing or supplying persons engaged in exploration or extraction;
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(vi) Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued
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pursuant to that section;
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(vii) Any individual employed by an employer holding a license issued pursuant to chapter
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23 of title 5; or
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(viii) Any individual employed as part of a telephonic delivery of customer service, sales
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operations, and ancillary services related to those services and operations, except for specific
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employment positions in the telecommunications industry that are part of any collective bargaining
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agreement or employment contract in effect on July 2, 1998.
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(4) “Employer” means any natural person, partnership, firm, corporation, or other
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enterprise engaged in industry, transportation, communication, or any other commercial occupation
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involving one or more employees.
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(5) “Holidays” means Sunday, New Year’s Day, Memorial Day, Juneteenth National
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Freedom Day, July 4th, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving,
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and Christmas; provided, that as it pertains to all offices of state and municipal government, the
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term “holiday” includes in addition to the holidays enumerated in this subsection, Dr. Martin Luther
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King, Jr.’s Birthday, as defined in § 25-2-18.

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SECTION 2. This act shall take effect on January 1, 2027.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HOLIDAYS AND DAYS OF SPECIAL OBSERVANCE -- WORK ON
HOLIDAYS AND SUNDAYS
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This act would exclude from the definition of an "employee" any individual employed in
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catering, commissary, or food establishment, for purposes of the provisions requiring payment of
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wages at one and one-half (1 1/2) normal rate of pay for work on holidays and Sundays.
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This act would take effect on January 1, 2027.
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