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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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In Rhode island is a retail pharmacy exempt from paying time

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In Rhode island is a retail pharmacy exempt from paying time and half on Sunday and Holidays?

Yes. The Rhode Island law providing for time and a half pay for work on Sundays and holidays is found in Rhode Island General Law § 5-23-2. That section states in relevant part as follows:

(d) All employees engaged in work during Sundays or holidays pursuant to the provisions of this section shall receive from their employer no less than time and a half for the work so performed and shall be guaranteed at least a minimum of four (4) hours employment; * * *, provided that the work performed by the employee is strictly voluntary and refusal to work for any retail establishment on a Sunday or holiday is not a ground for discrimination, dismissal, or discharge or any other penalty upon the employee.

However, the next subdivision (e) provides a specific exemption from this requirement for pharmacies as follows:

(e) Retail establishments engaged principally in the preparation and/or sale of bakery products and pharmacies shall be licensed prior to the sale of those products in accordance with this section; provided, that the time and one half and voluntary work provisions do not apply.



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