§ 28-12-4.3 - Exemptions.
SECTION 28-12-4.3
§ 28-12-4.3 Exemptions. – (a) The provisions of §§ 28-12-4.1 and 28-12-4.2 do not apply to thefollowing employees:
(1) Any employee of a summer camp when it is open no morethan six (6) months of the year.
(2) Police officers, firefighters, and rescue servicepersonnel employed by the cities and towns.
(3) Employees of the state or political subdivision of thestate who may elect through a collective bargaining agreement, memorandum ofunderstanding, or any other agreement between the employer and representativesof the employees, or if the employees are not represented by an exclusivebargaining agent, through an agreement or understanding arrived at between theemployer and the employee prior to the performance of work, to receivecompensatory time off for hours worked in excess of forty (40) in a week. Thecompensatory hours shall at least equal one and one half (1 1/2) times thehours worked over forty (40) in a week. If compensation is paid to an employeefor accrued compensatory time, the compensation shall be paid at the regularrate earned by the employee at the time of payment. At the time of termination,unused accrued compensatory time shall be paid at a rate not less than:
(i) The average regular rate received by the employee duringthe last three (3) years of the employee's employment, or
(ii) The final regular rate received by the employee,whichever is higher.
(4) Any employee employed in a bona fide executive,administrative, or professional capacity, as defined by the Fair LaborStandards Act of 1938, 29 U.S.C. § 201 et seq., compensated for serviceson a salary basis of not less than two hundred dollars ($200) per week.
(5) Any employee as defined in subparagraph (a)(4) of thissection unless the wages of the employee, if computed on an hourly basis, wouldviolate the applicable minimum wage law.
(6) Any salaried employee of a nonprofit national voluntaryhealth agency who elects to receive compensatory time off for hours worked inexcess of forty (40) hours per week.
(7) Any employee, including drivers, driver's helpers,mechanics, and loaders of any motor carrier, including private carriers, withrespect to whom the U.S. secretary of transportation has power to establishqualifications and maximum hours of service pursuant to the provisions of 49U.S.C. § 3102.
(8) Any employee who is a salesperson, parts person, ormechanic primarily engaged in the sale and/or servicing of automobiles, trucksor farm implements, and is employed by a non-manufacturing employer primarilyengaged in the business of selling vehicles or farm implements to ultimatepurchasers, to the extent that the employers are exempt under the federalWage-Hour and Equal Pay Act, 29 U.S.C. § 201 et seq. and 29 U.S.C. §213(b)(10); provided, that the employee's weekly, bi-weekly, or monthly actualearnings exceed an amount equal to the employee's basic contractual hourly rateof pay times the number of hours actually worked plus the employee's basiccontractual hourly rate of pay times one-half ( 1/2) the number of hoursactually worked in excess of forty (40) hours per week.
(9) Any employee employed in agriculture; however, thisexemption applies to all agricultural enterprises that produce greenhousecrops, fruit and vegetable crops, herbaceous crops, sod crops, viticulture,viniculture, floriculture, feed for livestock, forestry, dairy farming,aquaculture, the raising of livestock, furbearing animals, poultry and eggs,bees and honey, mushrooms, and nursery stock. This exemption also applies tonursery workers.
(b) Nothing in this section exempts any employee who underapplicable federal law is entitled to overtime pay or benefits related toovertime pay.