Bill Sponsors
Corvese, O'Brien, Noret, Shanley, Azzinaro, Kennedy, Solomon, Bennett, Read, and J. Brien
Committee
House Labor
Summary
Select
This bill establishes a maximum workday for Rhode Island Department of Corrections peace officers to protect their health and well-being. It prohibits the state from mandating overtime beyond a scheduled 8 or 10-hour shift, except in "unforeseeable emergent circumstances" like riots, and only after voluntary options are exhausted. It does not prevent officers from volunteering for extra hours. If the state violates these rules and forces an employee to work, the state must compensate the officer at a rate of double time and a half of their normal salary.
Sponsor
Analysis
Pros for Progressives
- Protects workers from exploitation by preventing forced overtime, promoting better work-life balance and mental health for state employees.
- Enhances the safety of the incarcerated population by ensuring that the officers responsible for their care and custody are rested and alert, rather than exhausted and prone to error.
- Incentivizes the state to resolve chronic understaffing issues through proper hiring and management rather than relying on mandatory overtime as a crutch.
Cons for Progressives
- Increases government spending on the carceral system through high penalty pay (double time and a half), diverting funds that could be used for social services or rehabilitation.
- Could lead to potential safety gaps in prisons if voluntary overtime is insufficient to cover shifts, potentially endangering both staff and inmates.
- Focuses on improving conditions for law enforcement personnel without addressing the broader systemic issues of mass incarceration that necessitate such a large workforce.
Pros for Conservatives
- Supports law enforcement officers by ensuring they are not overworked, thereby maintaining high morale and effectiveness among those protecting the community.
- Ensures that state correctional facilities are staffed by alert personnel, which is essential for maintaining strict law and order within the prison system.
- Holds the state government administratively accountable for staffing failures by imposing financial penalties for inefficiency and mismanagement.
Cons for Conservatives
- Imposes a significant financial burden on taxpayers by mandating an expensive "double time and a half" penalty rate for overtime violations.
- Limits the flexibility of state management to deploy staff as needed, potentially empowering unions and restricting the efficient operation of government agencies.
- Creates rigid government regulations that interfere with the employer-employee relationship and the state's ability to respond to staffing needs without incurring high costs.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Correctional Officers
- Department of Corrections Administration
- Inmates
- Taxpayers
- State Labor Relations Officials
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to House Labor
Bill Text
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: CHAPTER 56.4 PEACE OFFICER MAXIMUM WORKDAY AND OVERTIME COMPENSATION
42-56.4-1. Purpose.
It is declared to be the public policy of this state to establish a maximum workday for certain hourly wage employees as defined herein, beyond which the employees cannot be required to perform overtime work, in order to safeguard their health, efficiency, and general well-being, as well as the health and general well-being of the persons to whom these employees provide care, custody and control.
42-56.4-2. Definitions.
As used in this chapter:
(1) "Employee" means peace officers employed by the state, as defined in § 12-7-21.
(2) "Employer'' means the State of Rhode Island department of corrections;
(3) "Reasonable efforts" means that the employer shall:
(i) Seek persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance; and
(ii) Contact all qualified employees who have made themselves available to work extra time;
(4) "Regular hourly wage" means the amount that an employee is regularly paid for each hour of work, as determined by dividing the total hours of work during the week into the employee's total earnings for the week, exclusive of pay for overtime work;
(5) "Unforeseeable emergent circumstance" means an unpredictable occurrence relating to Rhode Island department of corrections, that requires immediate action, and which shall include a riot or disturbance in the existing facilities.
42-56.4-3. Overtime requirement.
(a) The state shall not require an employee to accept work in excess of an agreed to, predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the title of correctional officer steward.
(b) The state shall not require an employee to work overtime in excess of an agreed to, predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the title of correctional officer steward, except in an unforeseeable emergent circumstance. The refusal of any employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee.
(c) Nothing in this chapter shall be construed to limit voluntary overtime in excess of an agreed to, predetermined scheduled work shift of either eight (8) hours for employees or ten (10) hours for employees holding the title of correctional officer steward.
(d) The provisions of this section shall not apply in the case of an unforeseeable emergent circumstance when:
(1) The overtime is required only as a last resort and is not used to fill vacancies resulting from chronic short staffing; and
(2) The employer has exhausted reasonable efforts to obtain staffing.
(e) The requirement that the employer shall exhaust reasonable efforts to obtain staffing shall not apply in the event of any declared national, state or municipal emergency or a disaster or other catastrophic event, which substantially affects or increases the need for employees as defined by this chapter.
42-56.4-4. Penalty for violations.
If the state violates or fails to comply with any of the provisions of this chapter, it shall be required to pay the employee required to work, at a rate of double time and half of their normal salary.
42-56.4-5. Collective bargaining agreements.
The provisions of this chapter shall not negate any employee rights or benefits now existing LC003556 - Page 2 of 4 or later accrued under the applicable collective bargaining agreement.
42-56.4-6. Severability.
If any provision of this chapter, or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of the provision to other persons or circumstances are not affected by the invalidity.
SECTION 2. This act shall take effect upon passage.
42-56.4-1. Purpose.
It is declared to be the public policy of this state to establish a maximum workday for certain hourly wage employees as defined herein, beyond which the employees cannot be required to perform overtime work, in order to safeguard their health, efficiency, and general well-being, as well as the health and general well-being of the persons to whom these employees provide care, custody and control.
42-56.4-2. Definitions.
As used in this chapter:
(1) "Employee" means peace officers employed by the state, as defined in § 12-7-21.
(2) "Employer'' means the State of Rhode Island department of corrections;
(3) "Reasonable efforts" means that the employer shall:
(i) Seek persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance; and
(ii) Contact all qualified employees who have made themselves available to work extra time;
(4) "Regular hourly wage" means the amount that an employee is regularly paid for each hour of work, as determined by dividing the total hours of work during the week into the employee's total earnings for the week, exclusive of pay for overtime work;
(5) "Unforeseeable emergent circumstance" means an unpredictable occurrence relating to Rhode Island department of corrections, that requires immediate action, and which shall include a riot or disturbance in the existing facilities.
42-56.4-3. Overtime requirement.
(a) The state shall not require an employee to accept work in excess of an agreed to, predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the title of correctional officer steward.
(b) The state shall not require an employee to work overtime in excess of an agreed to, predetermined scheduled work shift of eight (8) hours or ten (10) hours for employees holding the title of correctional officer steward, except in an unforeseeable emergent circumstance. The refusal of any employee to accept such overtime work shall not be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the employee.
(c) Nothing in this chapter shall be construed to limit voluntary overtime in excess of an agreed to, predetermined scheduled work shift of either eight (8) hours for employees or ten (10) hours for employees holding the title of correctional officer steward.
(d) The provisions of this section shall not apply in the case of an unforeseeable emergent circumstance when:
(1) The overtime is required only as a last resort and is not used to fill vacancies resulting from chronic short staffing; and
(2) The employer has exhausted reasonable efforts to obtain staffing.
(e) The requirement that the employer shall exhaust reasonable efforts to obtain staffing shall not apply in the event of any declared national, state or municipal emergency or a disaster or other catastrophic event, which substantially affects or increases the need for employees as defined by this chapter.
42-56.4-4. Penalty for violations.
If the state violates or fails to comply with any of the provisions of this chapter, it shall be required to pay the employee required to work, at a rate of double time and half of their normal salary.
42-56.4-5. Collective bargaining agreements.
The provisions of this chapter shall not negate any employee rights or benefits now existing LC003556 - Page 2 of 4 or later accrued under the applicable collective bargaining agreement.
42-56.4-6. Severability.
If any provision of this chapter, or the application of any provision to any person or circumstance, is held invalid, the remainder of the chapter and the application of the provision to other persons or circumstances are not affected by the invalidity.
SECTION 2. This act shall take effect upon passage.