The court concluded, however, that in the absence of proof of actualPlease understand that merely contacting us does not create an attorney-client relationship. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Rhode Island overtime eligibility. in federal overtime law, such as most white collar jobs, while other exemptions are specific to Rhode Island's Avvo has 97% of all lawyers in the US. State Minimum Wages | the Rhode Island Department of Labor office here: Document Tags: Lawyer directory. Appeal from director's decision. A permit may be issued only for “necessary work or labor which could not be performed on any other day without serious suffering, loss, damage or public … Content © 2021 Minimum-Wage.org, all rights reserved. there are steps you can take to ensure that you are paid what you deserve. If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Rhode Island and federal overtime regulations. Find overtime law in other states. Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. rhode island Rhode Island law generally requires retail establishments to obtain licenses to open on holidays from their appropriate town councils. B. Rhode Island. Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Repealed. I currently work in a clothing boutique in Rhode Island and having never worked retail before and not being from the state, I was not aware that retail employees are to receive time and one half when working on Sundays. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower. If you work in non-retail, the hours in excess of forty are to be paid at time and one half, the holiday is to be paid at time and one half and the remainder is to be paid straight time. There are exceptions for declared emergencies, and there are no overtime limits on any other type of occupation in Rhode Island.A variety of other exemptions to RH overtime law exist, including: Employees at seasonal summer camps, automobile mechanics and salespeople, farm workers, police and firefighters, and most white collar jobs.In addition to the above exemptions, any state employee or employee of a nonprofit health agency may choose to receive overtime compensation in the form of paid time off instead of time-and-a-half overtime pay. External salespeople (who often set their own hours) are also exempted from RI overtime requirements, as are some types of computer-related workers. Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. law as well as federal overtime exemptions to ensure that your occupation is not exempt from overtime, and ask your employer If something came up and I couldn't make a shift the managers were always accommodating. If your job falls under any of the four categories described above, then you are not covered by federal or Rhode Island unemployment regulations and your employer is not required to pay you an overtime premium. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position. Powers of director. Rhode Island State Holidays. Exceptions to the time and one-half requirement Under federal law, there are four exceptions to the rule that overtime must be paid on the basis of one and one-half times an employee's regular rate. Under Rhode Island law, all employees who work during Sundays or holidays must be paid 1.5 times their regular rate and guaranteed at least four hours of employment. The statute is here: http://webserver.rilin.state.ri.us/Statutes/TITLE25/25-3/25-3-3.HTM. The first three exceptions require an agreement between the employer and the employee before overtime work is performed; no agreement is necessary for the fourth. Employers in Rhode Island must adhere to both federal and state overtime regulations defining how much overtime § 25-3-8. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Several customer service agents of an airline filed a claim with the Rhode Island Department of Labor and Training (DLT), alleging they had not been paid overtime for Sundays and holidays. Time and a half on Sundays was a wonderful perk too. Avvo has 97% of all lawyers in the US. Before 1998, state law granted the RI Department of … Independent contractors, who are not considered legal employees, are also exempt from overtime law. If you believe your employer owes you overtime, learn how to file an overtime claim in Rhode Island. While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Rhode Island does not specify a daily overtime limit. Certain employers may be exempt from this provision based on the nature of their business or size. Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise. Rhode Island Min Wage - $11.50 per hour as of 2021. First check Rhode Island state overtime any Rhode Island worker should receive as overtime pay is $14.40 per hour. In 2008, close to 200,000 employees sucessfully received a total of $140,200,000 (140.2 million dollars) in overtime and minimum wage backwages from their employers as a result of filing an FLSA violation claim. §§ 25-3-4, 25-3-4.1. Rhode Island has a unique overtime law providing time-and-a-half overtime pay to any authorized employee who works on a Sunday or a holiday, and prevents employers from penalizing employees who do not wish to work on those days. Find a lawyer near you. You can contact hour worked over 40 in a single week. If you earn more then the Rhode Island minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. Rhode Island has a unique overtime law providing time-and-a-half overtime pay to any authorized employee who works on a Sunday or a holiday, and prevents employers from penalizing employees who do not wish to work on those days. Generally, Rhode Island employers must pay their employees time and a half for hours worked on Sundays. Work on Sundays or holidays. Generally, hourly employees who earn under $455 per week ($23,660 per year) and who work in a non-exempt industry are eligible to receive overtime pay. Find a lawyer near you. Help us keep Minimum-Wage.org up-to-date! Employee's remedies. The guidelines in Rhode Island for paying employees for Sunday labor have taken many twists and turns. Certain employers may be exempt from this provision based on the nature of their business or size.Additional Rhode Island labor laws prevent hospitals from requiring certain hourly employees, including nurses, to work overtime (although they can work ocertime if they so choose). I have been working Sundays quite freqently since I began the job in September 2007. time and a half) for work on a holiday is purely a function of state law. If an employee refuses to work for any retail establishment on a Sunday or holiday, it is not a ground for discrimination, dismissal, discharge, or any … In Rhode Island does a retailer business-like Walmart have to pay time-and-a-half to employees who work on Sundays? Usage is subject to our Terms and Privacy Policy. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. Need more information? If your employer has not paid you overtime and you believe you are entitled to overtime pay for the work you have done, The decision to work a Sunday or holiday schedule must be strictly voluntary. Overtime laws in Rhode Island and nationally are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar indistries) being the primarily protected group. He described the existing law, one of the state's so-called "blue laws" restricting business on Sundays and holidays, as outdated and said it was originally intended to entice people to work unpopular shifts. Summer (June, July, August) 1. View Sitemap. In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. your next step is to contact the Rhode Island Department of Labor with an unpaid overtime claim form. Let us know in a single click, and we'll fix it as soon as possible. The FLSA specifically covers certain jobs, and exempts others from overtime pay. Certain employers may be exempt from this provision based on the nature of their business or size. without receiving overtime pay. Current Rhode Island laws and regulations provide some exemptions to the Sunday premium pay requirements, including exemptions for the following: manufacturers that operate continually, seven days a week; taxi and livery companies that operate 7 days a week and 24 hours a … Is CVS in RI exempt from paying time and a half on Sundays for part time employees Lawyer directory. The requirement to pay employees time-and-a-half on Sundays and holidays would be phased out over five years under a deal Massachusetts lawmakers are … § 25-3-6. Time and One Half for Retail on Sundays Rhode Island 05-06-2008, 05:10 PM. Overtime is required for time worked in excess of 40 hours in a week. Premium pay (i.e. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Rhode Island overtime laws). Generally, non-retail businesses cannot operate on Sundays, unless they fall within one of the exemptions. Under Rhode Island law, most non-exempt employees must be paid time-and-a-half for hours worked on Sundays or state holidays. The weekly earnings estimate of $460.00 is based on a standard 40-hour workweek. time and a half on sundays rhode island. Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. Rhode Island Labor Laws Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com , includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Definitions. Example: Total hours 60 and eight of these hours were worked on a holiday. Increased pay required for work on Sundays and holidays. state overtime laws. Before Baker signed the law, Massachusetts and Rhode Island were the only states with time-and-a-half pay. Historic Buildings/Homes As the 13th state in the nation, it is not surprising that Rhode Island has 45 national historic landmarks, which include significant historic buildings and homes, mostly located in Newport or Providence. State of Rhode Island Overtime Laws. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law. BOSTON — Massachusetts is one of two states that requires retail workers to be paid time-and-a-half on Sundays, a practice that could end under a bill that's advancing in the House. Although some of those sites can be viewed from outside or toured at any time of year, others are closed during the winter. $10.10 an hour. Federal Minimum Wage | Current Rhode Island laws and regulations provide some exemptions to … must be paid, and which employees are entitled to overtime pay. Contact. § 25-3-5. Time and a half on Sundays , holiday pay and flexible schedule. Certain employers may be exempt from this provision based on the nature of their business or size. Rhode Island has a unique overtime law providing time-and-a-half overtime pay to any authorized employee who works on a Sunday or a holiday, and prevents employers from penalizing employees who do not wish to work on those days. Eight hours are to … Muratore said his interest grew in the issue of Sunday wages after he learned that Massachusetts and Rhode Island were the only states to require the higher rate. Rhode Island has a unique overtime law providing time-and-a-half overtime pay to any authorized employee who works on a Sunday or a holiday, and prevents employers from penalizing employees who do not wish to work on those days. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment). Most hourly employees in Rhode Island are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act). In Rhode Island, most employees get time and a half for work on Sundays and Holidays. I fell once at school and had to go to the hospital and had to call out of work that … Your overtime pay will then be calculated and displayed. § 25-3-3. Generally, Rhode Island employers must pay their employees time and a half for hours worked on Sundays. Some overtime-exempt jobs are specified The following jobs are specifically covered by Federal overtime pay laws: All first-responders, including police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA. § 25-3-2. I made a few major mistakes when I first started cashiering alone after my few weeks of training, and they were very nice and helpful. Penalty for violations. By Roger Hood | In November 2013, the Rhode Island Superior Court confirmed in its “ Park Row ” decision that, other than by specific exemption, RI employers must pay their employees time-and-a-half for hours worked on Sunday and holidays. Rhode Island has a unique overtime law providing time-and-a-half overtime pay to any authorized employee who works on a Sunday or a holiday, and prevents employers from penalizing employees who do not wish to work on those days. To calculate your weekly overtime pay, enter your normal hourly wage and the weekly number of hours you worked into the Extract the eight from the remaining forty = 32. If your job is eligible for overtime protection under Rhode Island and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked. Certain employers may be exempt from this provision based on the nature of their business or size.Additional Rhode Island labor laws prevent hospitals from requiring certain hourly employees, including nurses, to work overtime (although they can work ocertime if they so choose). You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. Is any of our data outdated or broken? Rhode Island requires private employers to pay employees 1½ times their regular rate on Sundays and the following holidays: New Year’s Day; Memorial Day; Independence Day; Victory Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; Christmas Day; The law also permits employees to refuse to work on Sundays and legal holidays. Exemptions. RI overtime calculator. The Rhode Island Department of Labor and Training website may have additional specific information on wage laws in the state. At that point, Rhode Island would be the only state in the country requiring time-and-a-half pay for workers on Sundays. Find the best ones near you. The Massachusetts retail industry sought the elimination as … Managers were very kind. Rhode Island Overtime Rule, This means individuals who work on a Sunday or a state-recognized holiday are paid at one-and-a-half … This site is a free public service not affiliated with the Department of Labor or any governmental organization. Filed by Rep. Mathew Muratore, the bill (H. 1752) would remove the time-and-a-half pay for workers at retail stores, the only industry subject to such a requirement. Work on Holidays and Sundays Index Of Sections § 25-3-1. Therefore, Rhode Island's overtime minimum wage is $17.25 per hour, one and a half times the regular Rhode Island minimum wage of $11.50 per hour. Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. § 25-3-7. If you are sure that you are entitled to overtime that has not been paid and are unable to work out an agreement with your employer directly, Retail and other specified businesses must also pay overtime for work on Sundays and holidays. If a holiday falls on a Sunday, the day following is observed as the legal … Extract the overtime hours from the total = 20, these hours are to be paid at time and one half. This is to be considered premium pay. It requires private employers to pay employees time-and-a-half for working on Sundays and the following holidays: New Year’s Day; Memorial Day; Independence Day; Victory Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; Christmas Day Sundays and Holidays Generally, under Rhode Island law, employees who work on Sundays and holidays must be paid at least one and one-half times the normal rate of pay. If your employer owes you overtime pay, a Department of Labor office in Rhode Island will work with you to ensure you receive your fair wages for all hours worked. However, for all businesses, a permit for work on Sundays may be issued by the police chief of the city or town where the business is located. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. directly why you were not paid.