§ 25-3-1 - Definitions.
SECTION 25-3-1
§ 25-3-1 Definitions. – As used in this chapter:
(1) "Director" means the director of the department of laborand training;
(2) "Economic necessity" means and refers to any case wherethe director determines that:
(i) Both the economics and technology of manufacture of theproduct or a component of the product requires continuous conversion orprocessing of raw materials, intermediates, or components without interruptionto avoid disproportionate loss of production capacity;
(ii) The economics and technology of data processing requiresthe continuous operation of data processing equipment to avoid deterioration ofequipment or a disproportionate loss of computer capacity or where customerrequirements are that data processing equipment must be available for input oroutput on a continuous basis;
(iii) Because prevailing industry practice in themanufacturing or processing of the product or in the provision of banking orfinancial services is to operate facilities within that industry seven (7) daysper week, the failure to operate on one or more Sundays or holidays willsubject the employer to a competitive hardship within the industry in which theemployer competes;
(iv) Maintenance or improvement of plant or equipment cannotpractically or efficiently be performed while production is in process;
(v) The scheduling of production on Sundays or holidays isnecessitated by interrupted or allocated energy supplies, or shortages of rawmaterials or component parts;
(vi) An employer has been deprived of its normal productionschedule by fire, flood, power failure, or other circumstances beyond itscontrol; or
(vii) Circumstances, temporary in nature, are that undueeconomic hardship would result from the inability to operate on one or moreSundays or holidays;
(3) "Employee" means any individual employed by an employer,but shall not include:
(i) Any individual employed in agriculture or maritimetrades, including commercial fishing or boat repairs;
(ii) Any physician, dentist, attorney at law, or accountant;
(iii) Any individual engaged in the provision of health careor maintenance;
(iv) Any individual employed in a restaurant, hotel, motel,summer camp, resort, or other recreational facility (except health clubs);
(v) Any individual employed in the business of offshorepetroleum or gas exploration or extraction, or in the business of servicing orsupplying persons engaged in exploration or extraction;
(vi) Supervisory employees as defined in 29 U.S.C. §213(a)(1) and regulations issued pursuant to that section;
(vii) Any individual employed by an employer holding alicense issued pursuant to chapter 23 of title 5; or
(viii) Any individual employed as part of a telephonicdelivery of customer service, sales operations, and ancillary services relatedto those services and operations, except for specific employment positions inthe telecommunications industry that are part of any collective bargainingagreement or employment contract in effect on July 2, 1998.
(4) "Employer" means any natural person, partnership, firm,corporation, or other enterprise engaged in industry, transportation,communication, or any other commercial occupation involving one or moreemployees; and
(5) "Holidays" means Sunday, New Year's Day, Memorial Day,July 4th, Victory Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving,and Christmas; provided, that as it pertains to all offices of state andmunicipal government, the term "holiday" includes in addition to the holidaysenumerated in this subdivision, Dr. Martin Luther King, Jr.'s Birthday, asdefined in § 25-2-18.