Chapter 1 Holidays

25-1-1. General holidays enumerated.

The first day of January or, in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as New Year’s Day), the third Monday of January (as Dr. Martin Luther King, Jr.’s Birthday), the third Monday of February (as Washington’s Birthday), the fourth day of May (as Rhode Island Independence Day), the last Monday of May (as Memorial Day), the fourth day of July or, in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as Independence Day), the second Monday of August (as Victory Day), the first Monday of September (as Labor Day), the second Monday of October (as Columbus Day), the eleventh day of November or, in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as Veterans’ Day), the twenty-fifth day of December, or in the event that day is a Saturday or Sunday, then state employees will celebrate the holiday on the following Monday (as Christmas Day), and each of the above days in every year, or when either of the above days falls on the first day of the week, then the day following it, the Tuesday next after the first Monday in November in each year in which a general election of state officers is held (as election day), the first day of every week (commonly called Sunday), and any other days as the governor or general assembly of this state or the president or the congress of the United States shall appoint as holidays for any purpose, days of thanksgiving, or days of solemn fast, shall be holidays.

History of Section. G.L. 1896, ch. 166, § 8; P.L. 1896, ch. 334, § 1; P.L. 1901, ch. 809, § 36; G.L. 1909, ch. 201, § 5; P.L. 1910, ch. 528, § 1; P.L. 1914, ch. 1053, § 1; P.L. 1921, ch. 2099, § 1; G.L. 1923, ch. 228, § 5; P.L. 1936, ch. 2282, § 1; G.L. 1938, ch. 458, § 1; P.L. 1948, ch. 1995, § 1; G.L. 1956, § 25-1-1 ; P.L. 1966, ch. 156, § 1; P.L. 1969, ch. 31, § 1; P.L. 1976, ch. 62, § 1; P.L. 1984, ch. 329, § 1; P.L. 1987, ch. 319, § 1; P.L. 1989, ch. 248, § 1; P.L. 1989, ch. 542, § 73; P.L. 1994, ch. 70, art. 26, § 1.

Cross References.

School holidays, §§ 16-20-1 , 16-20-2 .

Superior court motion day falling on holiday, § 8-11-1 .

Writs returnable on holiday, § 9-5-23 .

Comparative Legislation.

Holidays:

Conn. Gen. Stat. § 1-4.

Mass. Ann. Laws ch. 4, § 7(18).

NOTES TO DECISIONS

Chronological Determination.

Where the three-year limitations period ran from October 12, 1979 (the day following the accident), to Tuesday, October 12, 1982, which did not fall on a weekend and was not a holiday — legal or otherwise — under Rhode Island law, having in mind that the courts were in session and business was being conducted in the ordinary course on October 12th, the mere fact that it was the exact chronological anniversary of the landfall of the Columbus-led expedition some 490 years ago is of no consequence, and the limitations period applicable to the plaintiff’s action expired on that day; the commencement of the suit on October 13, 1982 was, given the seasonable interposition of an appropriate affirmative defense raising the time bar, legally ineffectual. Kussmaul v. Peters Constr. Co., 563 F. Supp. 91, 1983 U.S. Dist. LEXIS 17915 (D.R.I. 1983).

Procedural Rules.

The Rhode Island Supreme Court has not had occasion to render any explication of the interplay between RCP, Rule 6 and this section. Historically, however, the Rhode Island courts have, in rendering such analyses, looked to federal court interpretations of rules of civil procedure in cases where the state procedures are modeled upon, or are analogous or similar to, the federal rules, such as Fed. R. Civ. P., Rule 6. Kussmaul v. Peters Constr. Co., 563 F. Supp. 91, 1983 U.S. Dist. LEXIS 17915 (D.R.I. 1983).

Sale of Liquor.

When Christmas falls on Sunday, the sale of alcoholic beverages on the following day is prohibited. THE SALE OF INTOXICATING LIQUORS UPON CHRISTMAS DAY, 31 R.I. 565 , 78 A. 346, 1910 R.I. LEXIS 96 (1910).

Collateral References.

Conflict of laws as to Sunday contracts. 67 A.L.R.2d 694.

Exclusion or inclusion of terminal Sunday or holiday in computing time for taking or perfecting appellate review. 61 A.L.R.2d 482.

Regulating business of selling motor vehicles as to sales on holidays. 57 A.L.R.2d 1290, 7 A.L.R.3d 1173.

Unemployment compensation as affected by vacation or holiday or payment in lieu thereof. 3 A.L.R.4th 557, 14 A.L.R.4th 1175.

Validity of administrative proceedings conducted on Sunday or holiday. 26 A.L.R.2d 996.

Validity of court’s judgment rendered on holiday. 85 A.L.R.2d 595.

Validity of service of summons or complaint on Sunday or holiday. 63 A.L.R.3d 423.

Validity, under establishment of religion clause of federal or state constitution, of making day of religious observance a legal holiday. 90 A.L.R.2d 752.

25-1-1.1. Display of the POW-MIA flag at State House.

On each and every day of the year, the governor shall cause a display of the POW-MIA flag under the national flag at the State House from sunrise to sunset.

History of Section. P.L. 1987, ch. 74, § 1; P.L. 1990, ch. 502, § 1.

25-1-1.2. Display of POW-MIA flag in cities and towns.

Every city and town is authorized to display the prisoner of war and missing in action (POW-MIA) flag on one or more of the existing flagpoles in the city or town.

History of Section. P.L. 1989, ch. 250, § 1.

25-1-1.3. Victory Day — Prohibition against use of other name for holiday.

No state or municipal governmental department or agency shall refer to the second Monday of August, “Victory Day” by any other name in an advertisement paid for by the department or agency.

History of Section. P.L. 1999, ch. 365, § 1.

25-1-2. Thanksgiving Day.

The governor shall annually appoint a day of public thanksgiving, and shall announce the day by proclamation to the people of the state.

History of Section. G.L. 1896, ch. 15, § 4; G.L. 1909, ch. 21, § 4; G.L. 1923, ch. 20, § 4; G.L. 1938, ch. 6, § 4; G.L. 1956, § 25-1-2 .

Collateral References.

Leaving or refusing employment for religious reasons as barring unemployment compensation. 12 A.L.R.4th 611.

Right to unemployment compensation as affected by claimant’s receipt of holiday pay. 3 A.L.R.4th 537.

25-1-3. Saturday bank closing — Filing of resolution.

Any bank, savings bank, trust company, safe deposit company, building-loan association, national banking association, or federal savings and loan association doing business within the state of Rhode Island, or any branch or office of the institution, may remain closed on any Saturday or Saturdays upon the adoption of a resolution to close by the board of directors or their board of trustees and upon filing a copy of the resolution as required in this section. The resolution is deemed effective for the purposes of this section and § 25-1-4 only when a copy certified by the proper officer of the institution is filed in the office of the director of business regulation, and the resolution remains in full force and effect until a copy of a later resolution, certified in the same manner, terminating the prior resolution, is filed in the office of the director of business regulation.

History of Section. G.L. 1938, ch. 458, § 2; P.L. 1947, ch. 1817, § 1; G.L. 1956, § 25-1-3 .

25-1-4. Effect of Saturday closing on rights and obligations.

Any Saturday upon which any bank, savings bank, trust company, safe deposit company, building-loan association, national banking association, or federal savings and loan association, or any branch or office of the institution shall remain closed pursuant to the provisions of § 25-1-3 and this section shall, with respect to the closed institution, branch, or office, be a holiday for the purpose of chapter 3 of title 6A. If any bank, savings bank, trust company, safe deposit company, building-loan association, national banking association, or federal savings and loan association, or any branch or office of the institution shall close on any Saturday pursuant to the provisions of § 25-1-3 , any act which would be required to be performed on any Saturday at or by the institution, or any branch or office of the institution, if the institution, branch, or office of the institution were not closed, shall be performed on the next succeeding business day, and any act which would be authorized or permitted to be performed on any Saturday at or by the institution, or any branch or office of the institution, if the institution, branch, or office of the institution were not closed, may be performed on the next succeeding business day. No liability or loss of rights of any kind shall result from the failure to perform any of those acts while closed on any Saturday.

History of Section. G.L. 1938, ch. 458, § 2; P.L. 1947, ch. 1817, § 1; G.L. 1956, § 25-1-4 .

Cross References.

Validity of transactions after noon on Saturday, § 19-12-9 .

25-1-5. Saturday closing of public offices.

The several administrative offices of state and municipal governments may remain closed on any Saturday or Saturdays by executive order of the governor in the case of state administrative government and in the case of a municipal government by the adoption of a resolution by the municipal council. Any Saturday when the several administrative offices of state, city, and town governments, or any branch, division, or independent agency of the state or municipality shall remain closed pursuant to the provisions of this section shall, with respect to the closed administrative office, branch, division, or independent agency of the state or municipality be a holiday for the purpose of chapter 3 of title 6A. If any state or municipal administrative offices, or any branch, division, or independent agency of the state or municipality shall close on any Saturday pursuant to the provisions of this section, any act which would be required to be performed on any Saturday at or by the administrative office, or any branch, division, or independent agency, of the state or municipality, if the administrative office, branch, division, or independent agency of the state or municipality were not closed, shall be performed on the next succeeding business day, and any act which would be authorized or permitted to be performed on any Saturday at or by the administrative office, or any branch, division, or independent agency of the state or municipality if the administrative office, branch, division, or independent agency were not closed, may be performed on the next succeeding business day. No liability or loss of rights of any kind shall result from the failure to perform any of those acts while closed on any Saturday.

History of Section. G.L. 1938, ch. 458, § 3; P.L. 1953, ch. 3075, § 1; G.L. 1956, § 25-1-5 .

NOTES TO DECISIONS

Chronological Determination.

Where the tenth day after the purchaser received possession was a Saturday, when the secretary of state’s office was closed, a Monday filing of the creditor’s financing statement was permitted by this section. In re Acme Motors, Inc., 68 B.R. 701, 1986 Bankr. LEXIS 4709 (Bankr. D.R.I. 1986).

25-1-6 — 25-1-8. Repealed.

Repealed Sections.

These sections (P.L. 1935, ch. 2202, §§ 1, 2; P.L. 1935, ch. 2274, § 1; P.L. 1936, ch. 2286, §§ 1, 2; G.L. 1938, ch. 298, §§ 1, 2; P.L. 1945, ch. 1658, § 1; P.L. 1948, ch. 1996, § 1; P.L. 1954, ch. 3389, § 1; G.L. 1956, §§ 25-1-6 to 25-1-8; P.L. 1972, ch. 21, § 1; P.L. 1974, ch. 241, § 1; P.L. 1976, ch. 26, § 1; P.L. 1976, ch. 62, § 1), concerning the prohibition of work on holidays, were repealed by P.L. 1976, ch. 110, § 1. The present law on the subject is found in chapter 3 of this title.

25-1-9. City and town appropriations for public celebrations.

The several cities and towns may annually appropriate and expend money for the celebration of public occasions.

History of Section. G.L. 1896, ch. 36, § 8; P.L. 1899, ch. 660, § 1; G.L. 1909, ch. 46, § 8; P.L. 1910, ch. 641, § 1; P.L. 1911, ch. 658, § 1; G.L. 1923, ch. 47, § 8; G.L. 1938, ch. 329, § 8; G.L. 1956, § 25-1-9 ; P.L. 1974, ch. 140, § 1.

Cross References.

Armistice Day celebrations, use of armories, § 30-10-8 .

NOTES TO DECISIONS

Payment.

Evidence that fireworks arranged for by joint committee of city council and businessmen were paid for did not show that city paid for such fireworks where possibility was left open that payment had been made out of contributions without approval by city council. Sroka v. Halliday, 39 R.I. 119 , 97 A. 965, 1916 R.I. LEXIS 40 (1916).

Special License.

Appointment by city council of committee for Independence day celebration, without mentioning fireworks, did not imply that the special license required by § 11-13-1 was being granted. Sroka v. Halliday, 39 R.I. 119 , 97 A. 965, 1916 R.I. LEXIS 40 (1916).

Chapter 2 Days of Special Observance

25-2-1. Rhode Island Independence Day.

The fourth day of May in each and every year is established, in this state, as a day for celebration of Rhode Island independence, being a just tribute to the memory of the members of our general assembly, who, on the fourth day of May, 1776, in the State House at Providence, passed an act renouncing allegiance of the colony to the British crown and by the provisions of that act declared Rhode Island sovereign and independent, the first official act of its kind by any of the thirteen (13) American colonies.

History of Section. P.L. 1908, ch. 1591, § 1; G.L. 1909, ch. 64, § 8; G.L. 1923, ch. 66, § 13; G.L. 1938, ch. 21, § 1; G.L. 1956, § 25-2-1 .

Cross References.

Arbor day, § 16-20-3 .

Commodore John Barry day, § 16-20-3 .

Grand Army Flag day, §§ 16-20-3 , 16-20-4 .

Collateral References.

Validity, under establishment of religion clause of federal or state constitution, of making day of religious observance a legal holiday. 90 A.L.R.2d 752.

25-2-2. Artillery salute and display of flags on Independence Day.

On each and every fourth day of May, except when the day falls on the first day of the week (commonly called Sunday), then on the day following, the governor shall cause salutes of thirteen (13) guns to be fired, at 12 o’clock, noon, by detachments of the state artillery at all places in the state where stationed, and shall cause a display of state and national flags on all armories and other state buildings from sunrise to sunset, in celebration of Rhode Island independence.

History of Section. P.L. 1908, ch. 1591, § 2; G.L. 1909, ch. 64, § 9; G.L. 1923, ch. 66, § 14; G.L. 1938, ch. 21, § 2; G.L. 1956, § 25-2-2 .

25-2-3. School observance of Rhode Island Independence Day.

The teachers of the public schools shall annually prepare a program of patriotic exercises for the proper observance of Rhode Island independence in the schools.

History of Section. P.L. 1908, ch. 1591, § 4; G.L. 1909, ch. 64, § 11; G.L. 1923, ch. 66, § 16; G.L. 1938, ch. 21, § 3; P.L. 1939, ch. 689, § 2; G.L. 1956, § 25-2-3 .

Cross References.

Observance in schools, § 16-20-3 .

25-2-4. Narragansett Indian Day.

The last Saturday before the second Sunday in August shall annually be set apart as a day to be known as the “Rhode Island Indian Day of the Narragansett tribe of Indians.” The day is to be observed by the people of this state with appropriate exercises in public places and otherwise commemorative of the Narragansett tribe of Indians.

History of Section. G.L. 1923, ch. 294, § 2; P.L. 1936, ch. 2331, § 1; G.L. 1938, ch. 646, § 2; P.L. 1945, ch. 1557, § 1; G.L. 1956, § 25-2-4 .

25-2-5. Old Home Week designated.

The calendar week beginning with the first Sunday of July in each year, or any subsequent week during the months of July, August, or September in each year, is designated as “Old Home Week,” and is set apart as a season during which cities and towns may conduct appropriate celebrations in honor of returning sons and daughters of the state and other invited guests and may hold exercises of historical interest.

History of Section. P.L. 1907, ch. 1469, § 1; G.L. 1909, ch. 54, § 1; G.L. 1923, ch. 55, § 1; G.L. 1938, ch. 340, § 1; G.L. 1956, § 25-2-5 .

25-2-6. Town appropriations for Old Home Week.

Cities by their city councils, and towns at legal town meetings, may appropriate money for the observance of “Old Home Week.”

History of Section. P.L. 1907, ch. 1469, § 2; G.L. 1909, ch. 54, § 2; G.L. 1923, ch. 55, § 2; G.L. 1938, ch. 340, § 2; G.L. 1956, § 25-2-6 .

25-2-7. Veteran Firefighters’ Muster Day.

The governor shall issue an annual proclamation calling for proper observance of “Veteran Firefighters’ Muster Day.”

History of Section. P.L. 1956, ch. 3700, § 1; G.L. 1956, § 25-2-7 .

25-2-8. Disabled American Veterans Day.

The thirty-first day of July shall annually be set apart as a day to be known as “Disabled American Veterans Day” or “D.A.V. Day.” The day is to be observed by the people of this state with appropriate exercises in public places and otherwise commemorating the disabled American veterans.

History of Section. P.L. 1960, ch. 167, § 1; P.L. 1995, ch. 195, § 1.

25-2-9. VFW Loyalty Day.

The governor shall issue an annual proclamation calling for proper observance of the first day of May in each and every year as “V.F.W. Loyalty Day.”

History of Section. P.L. 1960, ch. 174, § 1; G.L. 1956, § 25-2-7 .

25-2-10. Italian-American Veterans Daisy Day.

The first Saturday of June in each and every year shall be set apart as the “Italian-American War Veterans of the United States, Incorporated Field Daisy Day.” The day is to be known as “ITAM-Vets Daisy Day,” and is to be observed by the people of this state with appropriate exercises.

History of Section. P.L. 1962, ch. 140, § 1.

25-2-11. Founders Day of Italian-American War Veterans of the United States, Inc. Incorporated.

The fifteenth day of February in each and every year shall be set apart as a day to be known as “Founders Day of the Italian-American War Veterans of the United States, Incorporated.” The day is to be observed by the people of this state with appropriate exercises in public places and commemorating the founding of the organization and its members.

History of Section. P.L. 1963, ch. 195, § 1.

25-2-12. National Police Memorial Day and National Police Week.

  1. The fifteenth day of May in each and every year is established as a day for celebration of “National Police Memorial Day” to commemorate state and local police officers who have died in the line of duty.
  2. The calendar week containing May fifteenth in each year is designated as “National Police Week,” and is set apart as a period during which the state and its cities and towns may conduct appropriate exercises in honor of those men and women who have given their lives in the war against crime while protecting the lives and property of our citizens.

History of Section. P.L. 1966, ch. 273, § 1; P.L. 1985, ch. 28, § 1.

25-2-13. White Cane Safety Day — Declaration of policy.

It is the policy of this state:

  1. To encourage and enable persons with vision impairments to participate fully in the social and economic life of the state and to engage in remunerative employment;
  2. To be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able bodied, unless it is shown that the particular disability prevents the performance of the work involved;
  3. To have the same right as the able bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; and
  4. To be entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

History of Section. P.L. 1971, ch. 31, § 1; P.L. 1999, ch. 83, § 59; P.L. 1999, ch. 130, § 59.

25-2-14. White Cane Safety Day — Proclamation.

Each year the governor shall take suitable public notice of October 15 as “White Cane Safety Day.” The governor shall issue a proclamation in which he or she:

  1. Comments upon the significance of the white cane;
  2. Calls upon the citizens of the state to observe the provisions of the white cane law and to take precautions necessary to the safety of the people who are disabled;
  3. Reminds the citizens of the state of the policies with respect to people who are disabled as declared in § 25-2-13 and urges the citizens to cooperate in giving effect to them; and
  4. Emphasizes the need of the citizens to be aware of the presence of people who are disabled in the community and to keep safe and functional for people who are disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement, and resort, and other places to which the public is invited, and to offer assistance to people who are disabled upon appropriate occasions.

History of Section. P.L. 1971, ch. 31, § 2; P.L. 1999, ch. 83, § 59; P.L. 1999, ch. 130, § 59; P.L. 2002, ch. 292, § 3.

25-2-15. General Casimir Pulaski Day.

The eleventh day of October shall be set apart as a day to be known as “General Casimir Pulaski Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1973, ch. 40, § 1.

25-2-16. American History Month.

The month of February in each year is designated as “American History Month.”

History of Section. P.L. 1974, ch. 19, § 1.

25-2-17. Dauphine Day.

The twenty-first day of April shall be set apart as a day to be known as “Dauphine Day” in honor of the arrival of the “Dauphine” to Rhode Island in 1524. The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1975, ch. 15, § 1.

25-2-18. Martin Luther King, Jr. Day — Proclamation — Observance.

Each year the governor shall take suitable public notice of January 15 as “Martin Luther King, Jr. Day” and shall issue a proclamation at a public memorial ceremony in the State House or at any other suitable location within the state of Rhode Island as the Martin Luther King, Jr. State Holiday Commission deems necessary and proper. The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1975, ch. 58, § 1; P.L. 2001, ch. 52, § 1; P.L. 2001, ch. 212, § 1.

25-2-18.1. Martin Luther King, Jr. State Holiday Commission.

  1. There is created a permanent commission to be known as the Martin Luther King, Jr. State Holiday Commission to consist of thirteen (13) members, three (3) of whom shall be from the house of representatives, not more than two (2) from the same political party, to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) from the same political party to be appointed by the president of the senate; three (3) of whom shall be representatives of the general public, to be appointed by the speaker; two (2) of whom shall be representatives of the general public to be appointed by the president of the senate; one of whom shall be a representative of the governor’s office, to be appointed by the governor; and one of whom shall be the lieutenant governor, all of the foregoing to be known as commission members. The commission shall appoint not more than sixteen (16) representatives from organizations and groups generally identified with and thought to epitomize the ideals of Dr. Martin Luther King, Jr., all of whom shall be known as nonvoting affiliate members, to serve for two (2) year terms.
  2. The purpose of the commission shall be to plan, supervise and administer, in conjunction with the federal Martin Luther King Day Commission and the Martin Luther King Center for Non-Violent Social Change, an appropriate celebration to commemorate the birthday of Dr. Martin Luther King, Jr., and the annual observance of Dr. Martin Luther King Day, which will be observed on the third Monday in January each year. The commission shall not limit its activities to the annual celebration, but shall endeavor to promote educational efforts throughout the year, as well as to promote seminar events during the annual celebration that will be of informative value to all segments of the Rhode Island community.
  3. The members of the commission shall, in February of each odd-numbered year, elect from among themselves a chairperson, who shall be a legislator, and a vice-chairperson, who shall not be a government official or employee. Vacancies in the commission shall be filled in like manner as the original appointment.
  4. The commission is empowered to appoint committees to study specialized areas of concern and to report their findings and recommendations to the commission; provided, however, that one of these committees shall be an education committee.
  5. The commission is empowered to establish a Martin Luther King Scholarship Fund and to award scholarships from the fund. Decisions concerning scholarship awards shall be made by the education committee of the commission in conjunction with the division of higher education assistance.
  6. The commission is empowered to apply for and receive grants, appropriations, or gifts from any federal, state, or local agency, from any public or private foundation, and from any person, firm, or corporation in order to carry out the purposes of this chapter. The allocation of any funds received shall be decided by a majority vote of voting members in attendance at a meeting duly convened for the conduct of business by the commission.
  7. Seven (7) members of the commission shall constitute a quorum.
  8. The commission shall meet at least four (4) times per year.
  9. The commission shall adopt policies concerning the responsibilities of its voting members and nonvoting affiliate members, including attendance at commission meetings.
  10. All departments and agencies of the state shall furnish advice and information, documentary and otherwise, to the commission and its agents as may be necessary or desirable to facilitate the purposes of this chapter.
  11. The speaker is authorized and directed to provide suitable quarters for the commission.
  12. The commission shall file a report with the general assembly outlining its plans for the celebration on or before December 15 each year prior to the celebration.

History of Section. P.L. 1995, ch. 18, § 1; P.L. 1996, ch. 369, § 1; P.L. 2001, ch. 180, § 56; P.L. 2002, ch. 292, § 3; P.L. 2015, ch. 141, art. 7, § 12.

25-2-19. Rhode Island School Bus Safety Week.

The second week of March in each year is designated as “Rhode Island School Bus Safety Week.” The week is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1976, ch. 5, § 1.

25-2-20. Viet Nam Veterans’ Day.

The twenty-ninth day of March shall annually be set aside as a day to be known as “Viet Nam Veterans’ Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1981, ch. 228, § 1; P.L. 1998, ch. 325, § 1; P.L. 2017, ch. 305, § 1; P.L. 2017, ch. 315, § 1.

Compiler’s Notes.

P.L. 2017, ch. 305, § 1, and P.L. 2017, ch. 315, § 1 enacted identical amendments to this section.

25-2-21. Puerto Rican Recognition Week.

That period from July 23 through July 29 in each year is designated as “Rhode Island Puerto Rican Recognition Week.” The week is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1984, ch. 20, § 1.

25-2-22. Motorcycle Safety Awareness Week.

The fourth week of April in each year is designated as “Motorcycle Safety Awareness Week.”

History of Section. P.L. 1984, ch. 146, § 1.

25-2-23. Cape Verdian Recognition Week.

That period from July 2 through July 9 in each year is designated as “Rhode Island Cape Verdian Recognition Week.” The week is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1984, ch. 159, § 1; P.L. 1984, ch. 181, § 1.

25-2-24. Nurses’ Day.

The first Monday of May shall annually be set aside as a day to be known as “Nurses’ Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1985, ch. 69, § 1.

25-2-25. National Women’s History Week.

The calendar week containing March eighth, “International Women’s Day,” in each year is designated as “National Women’s History Week.” The governor shall issue an annual proclamation inviting and urging the people of the state to observe the week in schools and other suitable places with appropriate exercises and study with an emphasis on the historical accomplishments of Rhode Island women. The department of elementary and secondary education, and the Rhode Island commission on women shall make appropriate information regarding the observance available to the people of the state and to schools within the limits of their budgets.

History of Section. P.L. 1986, ch. 7, § 1; P.L. 2002, ch. 292, § 3.

25-2-26. Retired Teachers’ Day.

The first Wednesday of April shall annually be set aside as a day to be known as “Retired Teachers’ Day.” The day is to be observed by the people of this state with appropriate exercises, and the governor may issue an annual proclamation calling upon public schools and citizens of the state to observe the occasion and to take the opportunity to honor the retired teachers of this state.

History of Section. P.L. 1986, ch. 26, § 1; P.L. 1998, ch. 286, § 1.

25-2-27. Friendship Day.

The second Friday of May in each year is designated as “Friendship Day.” The day may be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1986, ch. 143, § 1.

25-2-28. Lithuanian Independence Day.

The sixteenth day of February shall annually be set aside as a day to be known as “Lithuanian Independence Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1987, ch. 9, § 1.

25-2-29. Saint Jean-Baptiste Day.

The twenty-fourth day of June shall annually be set aside as a day to be known as “Saint Jean-Baptiste Day” and the governor shall issue an annual proclamation inviting and urging the people of the state to observe this day in suitable places with appropriate ceremonies. Saint Jean-Baptiste Day shall commemorate the feast of Saint Jean-Baptiste as an important observance and show of appreciation for the significant cultural, economic, and civic contributions made by Franco-Americans that have served to enrich the culture and lifestyle of this state.

History of Section. P.L. 1988, ch. 143, § 1; P.L. 2002, ch. 292, § 3.

25-2-30. Arbor Day.

The last Friday in April shall annually be set aside as a day to be known as “Arbor Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1990, ch. 40, § 1.

25-2-31. Workers’ Memorial Day.

The fourth Friday of April shall annually be set aside to be known as “Workers’ Memorial Day” and the governor shall issue an annual proclamation inviting and urging the people of the state to observe this day in suitable places with appropriate ceremonies. Workers’ Memorial Day shall be in remembrance of the courage and integrity of American workers and in particular be in remembrance of those workers who have been killed or injured in the course of their employment. Additionally, this observance will call to the attention of the people of our state the importance of workplaces that are healthy and safe for the prevention of workplace illness and injury.

History of Section. P.L. 1990, ch. 195, § 1.

25-2-32. Destroyer Escort Day.

The third Saturday of June in each year shall be set aside as a day to be known as “Destroyer Escort Day” to highlight in the state the role of the destroyer Escort in the naval service. The day may be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1991, ch. 31, § 1.

25-2-33. Peter Francisco Day.

The fifteenth day of March shall annually be set aside to be known as “Peter Francisco Day” and the governor shall issue an annual proclamation inviting and urging people of the state to observe this day in suitable places with appropriate ceremonies. Peter Francisco Day shall be in remembrance of the feats of valor and courage during our nation’s war for independence of Peter Francisco, who was found without family or home at the age of five in Virginia, apparently separated from his Portuguese immigrant parents. This observance will call to the attention of the people of our state the heroism in our nation’s many wars of American soldiers of Portuguese ancestry.

History of Section. P.L. 1991, ch. 60, § 1.

25-2-34. Social Workers’ Day.

The second Wednesday of March shall annually be set aside as a day to be known as “Social Workers’ Day.” The day may be observed by the people of the state with appropriate exercises and the governor may issue an annual proclamation calling upon the citizens of the state to observe the occasion and to take the opportunity to honor the social workers of this state.

History of Section. P.L. 1991, ch. 381, § 1.

25-2-35. POW-MIA’s Day.

The third Friday of September shall annually be set aside as a day to be known as “POW-MIA’s Day.” The day may be observed by the people of the state with appropriate exercises and the governor may issue an annual proclamation calling upon the citizens of the state to observe the occasion and to take the opportunity to honor persons from this state and the nation who are prisoners-of-war or missing in action.

History of Section. P.L. 1992, ch. 108, § 1.

25-2-36. Rhode Island Speech-Language-Hearing Awareness Week.

The first week of May in each year is designated as “Rhode Island Speech-Language-Hearing Awareness Week.” The week is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1995, ch. 1, § 1.

25-2-37. American Indian Heritage Day.

The twenty-fourth day of September shall annually be set apart as a day to be known as “American Indian Heritage Day.” The day is to be observed by the people of this state with appropriate exercises in public places and commemorative of the American Indians.

History of Section. P.L. 1995, ch. 193, § 1.

25-2-38. Gaspee Days.

The second Saturday and the following Sunday of June in each and every year shall be set aside as days to be known as “Gaspee Days” to commemorate the 1772 burning of the British schooner HMS Gaspee. The days are to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1995, ch. 208, § 1.

25-2-39. Dr. George Washington Carver Recognition Day.

The fifth day of January shall annually be set apart as a day to be known as “Dr. George Washington Carver Recognition Day”. The day is to be observed by the people of this state with appropriate exercises in public places and otherwise commemorative of Dr. George Washington Carver.

History of Section. P.L. 1998, ch. 298, § 1.

25-2-40. Korean War Veterans Memorial Day.

The twenty-seventh day of July shall annually be set apart as a day to be known as “Korean War Veterans Memorial Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 1998, ch. 316, § 1.

25-2-41. Neighbor Day — Observance.

Each year the governor shall take suitable public notice of the Sunday prior to Memorial Day weekend as “Neighbor Day”. The day is to be observed by the people of this state with appropriate exercises in public places in perpetuity.

History of Section. P.L. 1999, ch. 14, § 1.

25-2-42. Rhode Island Hero’s Day.

The second Thursday in May shall annually be set apart as a day to be known as “Rhode Island Hero’s Day.” The day is to be observed by the general assembly in recognition of a Rhode Island resident who has saved a human life and/or performed an act of heroism which merits any recognition determined by joint resolution of the general assembly.

History of Section. P.L. 1999, ch. 427, § 1.

25-2-43. Combat Veterans’ Day.

The third Saturday of April shall annually be set apart as a day to be known as “Combat Veterans’ Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 2000, ch. 15, § 1.

25-2-44. Cesar Chavez Day.

The thirty-first day of March shall annually be set aside to be known as “Cesar Chavez Day” and the governor shall issue an annual proclamation inviting and urging people of the state to observe this day in suitable places with appropriate ceremonies. “Cesar Chavez Day” shall be remembrance of the accomplishments of Cesar Chavez on behalf of our nation’s farm workers. The United Farm Workers of America, AFL-CIO under his leadership was, and is, a force for economic and social justice for farm workers. He shall also be remembered for conducting this struggle utilizing the principles of nonviolence.

History of Section. P.L. 2000, ch. 372, § 1.

25-2-45. Italian-American Heritage Month.

The month of October shall annually be set apart as a month to be known as “Italian-American Heritage Month.” The month shall be observed by the people of this state with appropriate ceremonies and activities that celebrate the many contributions Italian-Americans have made to our state.

History of Section. P.L. 2006, ch. 61, § 1; P.L. 2006, ch. 65, § 1.

25-2-46. Gold Star Family Day.

The third Sunday in October in each and every year shall be set aside as a day to be known as “Rhode Island Gold Star Family Day.” This nation and state owe an enormous debt to those grieving parents who have lost children in war. The day is to be observed by the people of this state with appropriate exercises in public places, and shall cause a display of the state and American flags to be flown at half-staff over the Rhode Island State House to commemorate this day of remembrance to honor their memory.

History of Section. P.L. 2006, ch. 249, § 1; P.L. 2006, ch. 285, § 1; P.L. 2011, ch. 346, § 1; P.L. 2011, ch. 367, § 1; P.L. 2019, ch. 227, § 1; P.L. 2019, ch. 251, § 1.

Compiler’s Notes.

P.L. 2011, ch. 347, § 1, and P.L. 2011, ch. 367, § 1 enacted identical amendments to this section.

P.L. 2019, ch. 227, § 1, and P.L. 2019, ch. 251, § 1 enacted identical amendments to this section.

25-2-46.1. Rhode Island Blue Star Parents Day.

The first Sunday after Mother’s Day annually shall be set apart as a day to be known as “Rhode Island Blue Star Parents Day.” This day may be observed by the people of this state with appropriate exercise in public places that celebrate the many contributions Blue Star Parents have and continue to make in our state.

History of Section. P.L. 2014, ch. 118, § 1; P.L. 2014, ch. 140, § 1.

Compiler’s Notes.

P.L. 2014, ch. 118, § 1, and P.L. 2014, ch. 140, § 1 enacted identical versions of this section.

25-2-47. Lung Cancer Awareness Month.

The month of November shall annually be set aside to be known as “Lung Cancer Awareness Month.” The department of health shall hold an annual community forum on Lung Cancer each year during this month.

History of Section. P.L. 2006, ch. 609, § 1.

25-2-48. Firefighters’ and Police Officers’ Appreciation Day.

The eleventh day of September shall annually be set apart as a day to be known as “Firefighters’ and Police Officers’ Appreciation Day.” This day shall be observed by the people of this state with appropriate ceremonies and activities that honor and commemorate all the dedicated men and women who have lost their lives in the line of duty as Firefighters and Police Officers in our state.

History of Section. P.L. 2007, ch. 227, § 1.

25-2-49. Rhythm & Blues Heritage Month.

The month of August shall annually be set apart as a month to be known as “Rhythm & Blues Heritage Month.” The month shall be observed by the people of this state with appropriate ceremonies and activities that celebrate the heritage of rhythm and blues music in our state.

History of Section. P.L. 2007, ch. 280, § 1.

25-2-50. Dominican Republic Independence Day.

February 27th in each and every year shall be set apart as “Dominican Republic Independence Day.” The day is to be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 2007, ch. 281, § 1; P.L. 2007, ch. 285, § 1.

25-2-51. John Clarke Day.

The first Monday in the month of October shall annually be set apart as a day to be known as “John Clarke Day”. The day shall be observed by the people of this state with appropriate ceremonies and activities that celebrate the many contributions John Clarke made to our state.

History of Section. P.L. 2008, ch. 140, § 1; P.L. 2008, ch. 168, § 1.

Compiler’s Notes.

P.L. 2008, ch. 140, § 1, and P.L. 2008, ch. 168, § 1, enacted identical versions of this section.

25-2-52. Rhode Island Seabees Day.

The fifth (5th) day of March annually shall be set apart as a day to be known as “Rhode Island Seabees Day.” The day shall be observed by the people of this state with appropriate ceremonies and activities that celebrate the many contributions of the Navy Seabees.

History of Section. P.L. 2009, ch. 4, § 1.

25-2-53. Ben Mondor Day.

Opening Day of the Pawtucket Red Sox shall annually be set apart as a day to be known as “Ben Mondor Day.” The day shall be observed by the people of this state with appropriate ceremonies and activities that celebrate the many contributions Ben Mondor made.

History of Section. P.L. 2011, ch. 7, § 1; P.L. 2011, ch. 8, § 1.

Compiler’s Notes.

P.L. 2011, ch. 7, § 1, and P.L. 2011, ch. 8, § 1 enacted identical versions of this section.

25-2-54. Military nurses day.

The first Monday of June shall annually be set apart as a day dedicated to Rhode Island military nurses who served their country in all wars, campaigns, and engagements throughout the world. This day may be observed by the people of this state with appropriate exercises in public places.

History of Section. P.L. 2012, ch. 142, § 1; P.L. 2012, ch. 143, § 1.

Compiler’s Notes.

P.L. 2012, ch. 142, § 1, and P.L. 2012, ch. 143, § 1 enacted identical versions of this section.

25-2-55. Amateur Radio Week.

The week ending in the fourth full weekend in the month of June shall annually be set apart as a week to be known as “Amateur Radio Week.” The week shall be observed by the people of this state with appropriate ceremonies and activities that celebrate the many contributions amateur radio operators have and continue to make in our state.

History of Section. P.L. 2012, ch. 459, § 1; P.L. 2012, ch. 461, § 1.

Compiler’s Notes.

P.L. 2012, ch. 459, § 1, and P.L. 2012, ch. 461, § 1 enacted identical versions of this section.

25-2-56. RI Patriot Guard Riders Day.

The twelfth (12th) day of April shall annually be set apart as a day dedicated to the RI Patriot Guard Riders. The RI PGR is an organization that attends the funerals of members of the armed forces, firefighters, first responders, and police. In addition to attending funerals, the group also greets troops returning from overseas at homecoming celebrations and performs volunteer work for veteran’s organizations. This day may be observed by the people of this state with appropriate exercises in public places that celebrate the many contributions RI Patriot Guard Riders have and continue to make in our state.

History of Section. P.L. 2014, ch. 276, § 1; P.L. 2014, ch. 329, § 1.

Compiler’s Notes.

P.L. 2014, ch. 276, § 1, and P.L. 2014, ch. 329, § 1 enacted identical versions of this section.

25-2-57. Ataxia Awareness Day.

The twenty-fifth day of September shall annually be set apart as a day to be known as “Ataxia Awareness Day.” The day shall be observed by the people of this state with appropriate public awareness and educational activities and forums.

History of Section. P.L. 2015, ch. 123, § 1; P.L. 2015, ch. 143, § 1.

Compiler’s Notes.

P.L. 2015, ch. 123, § 1, and P.L. 2015, ch. 143, § 1 enacted identical versions of this section.

25-2-58. “The Rhode Island Nine Beirut Marines” Observance Day.

The twenty-third day of October in each and every year shall be set aside as a day dedicated to the memory of the “Rhode Island Nine Beirut Marines” who lost their lives in the 1983 terrorist bombing attack on a marine compound in Beirut, Lebanon, that killed two hundred forty-one (241) American service personnel. The day shall be observed by the people of this state with appropriate exercises in public places and the governor may issue an annual proclamation honoring the memory of the nine marines from Rhode Island who made the ultimate sacrifice.

History of Section. P.L. 2017, ch. 396, § 1; P.L. 2017, ch. 429, § 1.

Compiler’s Notes.

P.L. 2017, ch. 396, § 1, and P.L. 2017, ch. 429, § 1 enacted identical versions of this section.

25-2-59. Historical Cemetery Restoration/Awareness Day.

The second Saturday in the month of April shall annually be set apart as a day to be known as “Historical Cemetery Restoration/Awareness Day.” The day shall be observed by the people of this state with appropriate ceremonies and activities that raise awareness of the many historical cemeteries in our state.

History of Section. P.L. 2018, ch. 136, § 1; P.L. 2018, ch. 285, § 1.

Compiler’s Notes.

P.L. 2018, ch. 136, § 1, and P.L. 2018, ch. 285, § 1 enacted identical versions of this section.

Chapter 3 Work on Holidays and Sundays

25-3-1. Definitions.

As used in this chapter:

  1. “Director” means the director of the department of labor and training;
  2. “Economic necessity” means and refers to any case where the director determines that:
    1. Both the economics and technology of manufacture of the product or a component of the product requires continuous conversion or processing of raw materials, intermediates, or components without interruption to avoid disproportionate loss of production capacity;
    2. The economics and technology of data processing requires the continuous operation of data processing equipment to avoid deterioration of equipment or a disproportionate loss of computer capacity or where customer requirements are that data processing equipment must be available for input or output on a continuous basis;
    3. Because prevailing industry practice in the manufacturing or processing of the product or in the provision of banking or financial services is to operate facilities within that industry seven (7) days per week, the failure to operate on one or more Sundays or holidays will subject the employer to a competitive hardship within the industry in which the employer competes;
    4. Maintenance or improvement of plant or equipment cannot practically or efficiently be performed while production is in process;
    5. The scheduling of production on Sundays or holidays is necessitated by interrupted or allocated energy supplies, or shortages of raw materials or component parts;
    6. An employer has been deprived of its normal production schedule by fire, flood, power failure, or other circumstances beyond its control; or
    7. Circumstances, temporary in nature, are that undue economic hardship would result from the inability to operate on one or more Sundays or holidays;
  3. “Employee” means any individual employed by an employer, but shall not include:
    1. Any individual employed in agriculture or maritime trades, including commercial fishing or boat repairs;
    2. Any physician, dentist, attorney at law, or accountant;
    3. Any individual engaged in the provision of health care or maintenance;
    4. Any individual employed in a restaurant, hotel, motel, summer camp, resort, or other recreational facility (except health clubs);
    5. Any individual employed in the business of offshore petroleum or gas exploration or extraction, or in the business of servicing or supplying persons engaged in exploration or extraction;
    6. Supervisory employees as defined in 29 U.S.C. § 213(a)(1) and regulations issued pursuant to that section;
    7. Any individual employed by an employer holding a license issued pursuant to chapter 23 of title 5; or
    8. Any individual employed as part of a telephonic delivery of customer service, sales operations, and ancillary services related to those services and operations, except for specific employment positions in the telecommunications industry that are part of any collective bargaining agreement 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 more employees; 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 and municipal government, the term “holiday” includes in addition to the holidays enumerated in this subdivision, Dr. Martin Luther King, Jr.’s Birthday, as defined in § 25-2-18 .

History of Section. P.L. 1976, ch. 110, § 2; P.L. 1984, ch. 329, § 2; P.L. 1987, ch. 319, § 2; P.L. 1989, ch. 248, § 2; P.L. 1996, ch. 39, § 1; P.L. 1998, ch. 73, § 1; P.L. 1998, ch. 409, § 1; P.L. 2002, ch. 292, § 4.

Cross References.

General holidays, § 25-1-1 .

Licenses for Sunday business, § 5-23-2 .

25-3-2. Increased pay required for work on Sundays and holidays.

Any person, association, or corporation receiving a permit from the division of racing and athletics of the department of business regulation to operate any horse racing, dog racing, or jai alai event under the parimutuel system and any person, association, or corporation doing business under a contractual agreement to provide any services to any horse racing, dog racing, or jai alai event under the parimutuel system shall compensate the necessary persons to conduct the event on Sundays and/or holidays for at least one and one-half (11/2) times the normal rate of pay for the work performed, and it shall not be grounds for discharge or other penalty upon an employee for refusing to work at the horse racing, dog racing, or jai alai event upon any of the Sundays and holidays enumerated in this chapter, and nothing contained in this chapter shall prohibit any person from engaging in or being employed in connection with the holding or operation of the licensed event.

History of Section. P.L. 1976, ch. 110, § 2; P.L. 1989, ch. 56, § 1; P.L. 1998, ch. 73, § 1; P.L. 1998, ch. 409, § 1.

NOTES TO DECISIONS

Waiver of Right to Refuse Sunday Work.

The right of an individual employee under a former law regarding working on Sundays to refuse Sunday work could be waived by him individually, or, on his behalf, by the union representing him in a valid collective bargaining agreement. Ciba-Geigy Corp. v. Local #2548, United Textile Workers, 391 F. Supp. 287, 1975 U.S. Dist. LEXIS 13661 (D.R.I. 1975).

Collateral References.

Judgment rendered on Sunday or holiday. 85 A.L.R.2d 595.

Leaving or refusing employment for religious reasons as barring unemployment compensation. 12 A.L.R.4th 611.

Regulating business of selling motor vehicles as to sales on holidays. 57 A.L.R.2d 1265, 7 A.L.R.3d 1173.

Self-service laundries operating on Sunday. 87 A.L.R.2d 1011.

Sports and games on Sunday. 24 A.L.R.2d 813.

Validity, construction, and effect of “Sunday closing” or “blue” laws — modern status. 10 A.L.R.4th 246.

Validity of administrative proceedings conducted on Sunday or holiday. 26 A.L.R.2d 996.

25-3-3. Work on Sundays or holidays.

  1. Work performed by employees on Sundays and holidays must be paid for at least one and one-half (11/2) times the normal rate of pay for the work performed; provided: (1) That it is not grounds for discharge or other penalty upon any employee for refusing to work upon any Sunday or holiday enumerated in this chapter; and (2) Any manufacturer that operates for seven (7) continuous days per week is exempt from the requirement of subdivision (1).
  2. Any manufacturer of wall-covering products that operates for seven (7) continuous days per week, twenty-four (24) hours per day, and has complied with the provisions of subsection (a) is exempt from the requirement that the work be voluntary on Sundays as provided in subsection (a); provided, that the manufacturer increases employment by at least ten percent (10%), within one year of its conversion to continuous operation from non-continuous operation.
  3. Any manufacturer that operates three (3) shifts, or begins its work week on Sundays, may begin the shift or start the work week at 11:00 P.M. on Sunday and not be required to pay its employees one and one-half (11/2) times the normal rate of pay during the one hour period between 11:00 P.M. Sunday and 12 midnight.
  4. Any and all employees of a chauffeur driven limousine or taxi cab company that operates seven (7) continuous days per week, twenty-four (24) hours per day are exempt from the provisions of subsection (a) hereof.
  5. Any car rental company that operates a car rental agency at Rhode Island T.F. Green International Airport and is required pursuant to its lease agreement with the Rhode Island airport corporation to operate on Sundays and/or holidays is exempt from the provisions of subsection (a) hereof with respect to work performed at its Rhode Island T.F. Green International Airport location.

History of Section. P.L. 1976, ch. 110, § 2; P.L. 1995, ch. 207, § 1; P.L. 1996, ch. 307, § 1; P.L. 1998, ch. 73, § 1; P.L. 1998, ch. 409, § 1; P.L. 2000, ch. 141, § 1; P.L. 2000, ch. 369, § 1; P.L. 2002, ch. 292, § 4; P.L. 2007, ch. 52, § 1; P.L. 2007, ch. 63, § 1; P.L. 2007, ch. 369, § 1; P.L. 2007, ch. 494, § 1; P.L. 2021, ch. 32, § 7, effective June 1, 2021; P.L. 2021, ch. 36, § 7, effective June 1, 2021.

Compiler's Notes.

P.L. 2021, ch. 32, § 7, and P.L. 2021, ch. 36, § 7 enacted identical amendments to this section.

NOTES TO DECISIONS

Federal Preemption.

This section’s premium pay requirement of one and one-half times the normal rate of pay for work on Sundays and holidays was preempted by 49 U.S.C. § 41713(b)(1) of the federal Airline Deregulation Act, 49 U.S.C. § 40101 et seq.; the Superior Court did not err in upholding the hearing officer’s decision finding preemption, as the testimony of the airline’s witnesses supported the conclusion that the Rhode Island statutory provision “related to” services provided by the airline and the “logical effect” of the state statute on the airline’s delivery of services was sufficient to bring it within the preemptive scope of the federal act. Brindle v. R.I. Dep't of Labor & Training, 211 A.3d 930, 2019 R.I. LEXIS 102 (R.I. 2019), cert. denied, 140 S. Ct. 908, 205 L. Ed. 2d 458, 2020 U.S. LEXIS 231 (2020).

Collateral References.

Right to unemployment compensation as affected by claimant’s receipt of holiday pay. 3 A.L.R.4th 537.

25-3-4, 25-3-4.1. Repealed.

Repealed Sections.

Section 25-3-4 (P.L. 1976, ch. 110, § 2), concerning permit applications, was repealed by P.L. 1998, ch. 73, § 2, effective July 2, 1998, and by P.L. 1998, ch. 409, § 2, effective July 21, 1998.

Section 25-3-4.1 (P.L. 1989, ch. 87, § 1), concerning work permit fees, was repealed by P.L. 1990, ch. 87, § 1, effective July 3, 1990.

25-3-5. Appeal from director’s decision.

All notices given and hearings conducted by the director, and all appeals from any order or determination of the director, shall be governed by the provisions of chapter 35 of title 42.

History of Section. P.L. 1976, ch. 110, § 2.

25-3-6. Powers of director.

The director may promulgate any regulations as shall be necessary for the full and proper implementation of this chapter. The regulations shall be adopted only in accordance with the procedures established by chapter 35 of title 42. The director shall also be empowered to enforce and administer the provisions of this chapter and to prosecute violations of any of the provisions of this chapter.

History of Section. P.L. 1976, ch. 110, § 2.

Collateral References.

Validity, construction, and effect of “Sunday closing” or “blue” laws — modern status. 10 A.L.R.4th 246.

25-3-7. Exemptions.

All regulations establishing exemptions adopted in accordance with the provisions of § 25-3-6 prior to July 1, 2021, shall remain in full force and effect.

History of Section. P.L. 1976, ch. 110, § 2; P.L. 2021, ch. 172, § 1, effective July 6, 2021; P.L. 2021, ch. 173, § 1, effective July 6, 2021.

Compiler's Notes.

P.L. 2021, ch. 172, § 1 and P.L. 2021, ch. 173, § 1 enacted identical amendments to this section.

25-3-8. Penalty for violations.

Any employer convicted of violating the provisions of § 25-3-2 shall be punished by a fine of twenty-five dollars ($25.00) for each employee involved and each separate offense committed, but in no event shall the fine be less than two hundred dollars ($200).

History of Section. P.L. 1976, ch. 110, § 2.

25-3-9. Employee’s remedies.

Every employee who is discharged, disciplined, or discriminated against by any employer in violation of the provisions of this chapter shall be entitled to maintain a civil action in a court of competent jurisdiction. If judgment is rendered in the employee’s favor, he or she shall be entitled to reinstatement and double the amount of back pay and allowances lost as a result of the discharge, discipline, or discrimination, together with interest on the amount at the rate provided by law, attorneys fees, and costs and expenses of the action.

History of Section. P.L. 1976, ch. 110, § 2.

25-3-10. Severability.

If any provisions of this chapter or the application of it to any employer or employee is held invalid, the remainder of this chapter and the application of those provisions to other employers or employees shall not be affected by that invalidity.

History of Section. P.L. 1976, ch. 110, § 2.

25-3-11. Violations by cities or towns.

Any city or town that violates the provisions of this chapter as it relates to the observance of holidays shall be punished by a penalty not to exceed the sum of one hundred dollars ($100) for each violation. The penalty shall be paid into the general fund of the state of Rhode Island.

History of Section. P.L. 1990, ch. 150, § 1.