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S 2503Police & Prisons

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

This bill limits mandatory overtime for correctional officers, allowing it only during emergencies, and establishes penalty pay for violations.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 6, 2026Committee Senate Labor & Gaming

Plain-English Summary

This legislation establishes limits on mandatory overtime for peace officers employed by the Rhode Island Department of Corrections. It prohibits the state from forcing these employees to work beyond their scheduled shifts of 8 or 10 hours, except during unforeseeable emergencies like riots. The state must attempt to find volunteers before mandating overtime. If the state violates these rules and forces an employee to work without a valid emergency, it must pay the employee double time and a half. The bill aims to protect the health and efficiency of officers and the safety of the facilities.

For younger readers

This new rule helps prison guards get home on time. Sometimes, bosses try to make workers stay safely at work longer than they are supposed to. This bill says the bosses cannot force the guards to stay late unless there is a big emergency, like a dangerous problem in the prison that needs fixing right away. If the bosses break this rule and make them stay when there isn't a real emergency, the state has to pay the guards a lot of extra money. This helps keep the guards from getting too tired to do their jobs safely.

Who & Where It Applies

Impacted groups
Peace officersDepartment of CorrectionsCorrectional officer stewardsPrison inmatesTaxpayers
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects workers from exploitation and burnout by establishing strict limits on mandatory overtime, ensuring they have adequate rest and work-life balance.
  • Incentivizes the state to address systemic management failures, such as chronic short staffing, rather than relying on the forced labor of current employees to fill gaps.
  • Improves the safety and well-being of the incarcerated population by ensuring that the officers responsible for their care and custody are not overworked or dangerously fatigued.
  • Invests more public funds and protections into the carceral system and law enforcement rather than diverting resources toward community-based social services or rehabilitation.
  • The definition of "unforeseeable emergent circumstance" could potentially be abused by administration to justify mandatory overtime, undermining the bill's labor protections.
  • High penalty costs for violations (double time and a half) are paid by taxpayers, potentially reducing the budget available for other essential social safety net programs.
For Conservatives
  • Supports law enforcement personnel by ensuring they are physically and mentally fit to perform their dangerous duties, upholding law and order within correctional facilities.
  • Forces the government to manage its departments more efficiently and responsibly, rather than relying on inefficient scheduling practices that burden employees.
  • Reduces potential state liability and lawsuits that could arise from accidents or errors caused by exhausted or overworked correctional officers.
  • Imposes significant potential costs on taxpayers through the "double time and a half" penalty clause for administrative scheduling errors or violations.
  • Restricts the ability of state management to effectively deploy staff as needed, potentially empowering public sector unions at the expense of operational flexibility.
  • Expands government regulation over employment contracts, interfering with the standard management-employee relationship within a state department.

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.