Where (1) plaintiff employees of a defendant casino filed complaints seeking Sunday premium pay pursuant to G.L. §25-3-3(a) and (2) the Department of Labor and Training dismissed the complaints on the ground that the casino is a “recreational facility,” that decision should be upheld despite the plaintiffs’ contention that only those employees necessary to the casino’s simulcast racing operations are exempt from Sunday premium pay.
“This matter is before the Court on appeal from a January 5, 2022 decision of Appellee Department of Labor and Training (DLT) relating to claims by employees of Appellee Twin River Casino (Twin River) for Sunday premium pay pursuant G.L. 1956 §25-3-3(a). The DLT consolidated Appellant Tou Syripannho’s claim with other similarly-situated claimants, involving approximately: (1) 168 union table game dealers (Union Claimants); and (2) ninety-two non-union table game supervisors, managers, and other employees (Non-Union Claimants) (collectively Appellants). …
“The DLT hearing officer correctly concluded that §41-11-2(e) is clear and unambiguous on its face and exempts any Twin River entity licensed pursuant to chapters 3.1 and 7 of title 41 from the Sunday premium pay requirements. …
“… Appellants dispute only the meaning of the term ‘employees,’ arguing that because §41-11-2 is included in a section of the General Laws titled ‘Simulcast Programs From Licensed Betting Facilities,’ it only applies to employees necessary to Twin River’s simulcast...
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