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S 2410Police & Prisons

State Affairs and Government - Peace Officer Maximum Workday and Overtime Compensation

This bill prohibits mandatory overtime for state correctional officers except during emergencies, establishing financial penalties for violations.

Held for study
Population
Affected
15
Email Legislator
Introduced Jan 30, 2026Committee Senate Labor & Gaming

Plain-English Summary

This legislation establishes a maximum workday for peace officers employed by the Rhode Island Department of Corrections. It prohibits the state from requiring these officers to work overtime beyond their scheduled eight or ten-hour shifts, except in cases of "unforeseeable emergent circumstances," such as riots or declared disasters. Before mandating overtime in emergencies, the department must attempt to find volunteers. If the state violates these provisions and forces an officer to work, it must compensate the employee at a rate of two and a half times their normal salary. Voluntary overtime is still permitted.

For younger readers

This bill helps the police officers who work in Rhode Island's prisons. Right now, their bosses might make them work extra hours even when they are tired and want to go home. This bill says the bosses cannot force them to stay longer than their normal schedule unless there is a big emergency, like a riot or a disaster. If the bosses break this rule and make them work anyway, the state has to pay the officers a lot of extra money as a punishment. This helps keep the officers rested and safe.

Who & Where It Applies

Impacted groups
Correctional OfficersDepartment of Corrections ManagementIncarcerated IndividualsState Budget AdministratorsTaxpayers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects workers from exploitative labor practices by prohibiting mandatory overtime, ensuring correctional officers have a predictable work-life balance and are not overworked due to administrative staffing failures.
  • Promotes the health and safety of both employees and the incarcerated population by reducing staff fatigue, which can lead to dangerous errors and decreased efficiency in volatile environments.
  • Implements a significant financial penalty on the state for violating the maximum workday rules, incentivizing better management and staffing levels rather than relying on forced labor to fill gaps.
  • Could potentially lead to dangerous understaffing situations within correctional facilities if voluntary overtime is insufficient and "emergent circumstances" are strictly defined, putting the safety of incarcerated individuals at risk.
  • Increases government spending on the carceral system through potential penalty payments and overtime costs, diverting funds that could otherwise be used for social services, rehabilitation, or community investment.
  • Reinforces the infrastructure of mass incarceration by prioritizing the working conditions of enforcement officers rather than focusing on systemic reforms to reduce the prison population and the need for such large staffing numbers.
For Conservatives
  • Protects the personal freedom and individual liberty of employees by preventing the government from forcing them to work against their will beyond agreed-upon contractual hours.
  • Enhances public safety and order within correctional facilities by ensuring that officers are not working while exhausted, thereby maintaining a more secure environment.
  • Holds the government accountable for administrative inefficiencies by imposing financial penalties when the state fails to manage staffing levels effectively without infringing on employees' time.
  • Imposes a significant financial burden on taxpayers by mandating "double time and half" penalty pay, potentially inflating the budget of the Department of Corrections due to scheduling logistics.
  • Restricts the ability of state management to effectively staff facilities, potentially strengthening public sector union control over government operations and limiting the state's flexibility.
  • Could compromise the security and strict order required in correctional facilities if the administration cannot mandate staff presence during shortages that do not strictly qualify as "unforeseeable emergent circumstances."

Votes

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Full Bill Text

Changes to existing Rhode Island law · 53 additions

SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 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 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.