State Law > Rhode Island > Rhode Island Overtime Pay Law

Rhode Island Overtime Pay Law

 

Rhode Island's law regarding overtime pay is located in Title 28, Chapters 3 and 12 of the General Laws of Rhode Island.

  • 28-12-2 Minimum Wages–Definitions.
  • 28-12-4.1 Minimum Wages–Overtime pay.
  • 28-12-4.2 Minimum Wages–Bi-weekly overtime pay.
  • 28-12-4.3 Minimum Wages–Exemptions from overtime pay.
  • 28-12-11 Minimum Wages–Posting of law and orders.
  • 28-12-12 Minimum Wages–Records of employers.
  • 28-12-13 Minimum Wages–Responsibility for enforcement.
  • 28-12-15 Minimum Wages–Hindering enforcement.
  • 28-12-16 Minimum Wages–Discrimination against employees invoking provisions prohibited.
  • 28-12-17 Minimum Wages–Payment of substandard wages.
  • 28-12-20 Minimum Wages–Assignment of wage claim and action by department.
  • 28-12-22 Minimum Wages–Collective bargaining rights preserved.
  • 25-3-2 Work on Holidays and Sundays –Increased pay required for work on Sundays and holidays.
  • 25-3-3. Work on Sundays or holidays.


28-12-2 Minimum Wages–Definitions.

As used in this chapter:

(1) "Advisory board" means a board created as provided in Sec. 28-12-6;

(2) "Commissioner" means the minimum wage commissioner appointed by the director of labor and training as chief of the division of labor standards;

(3) "Director" means the director of labor and training or his or her authorized representative;

(4) "Employ" means to permit to work;

(5) "Employee" includes any individual employed by an employer, but does not include:

(i) Any individual employed in domestic service or in or about a private home;

(ii) Any individual employed by the United States;

(iii) Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not, in fact, exist, or where the services rendered to the organizations are on a voluntary basis;

(iv) Newspaper deliverers on home delivery, shoe shiners in shoe shine establishments, caddies on golf courses, pin persons in bowling alleys, ushers in theatres;

(v) Traveling salespersons or outside salespersons;

(vi) Service performed by an individual in the employ of his or her son, daughter, or spouse and service performed by a child under the age of twenty-one (21) in the employ of his or her father or mother;

(vii) Any individual employed between May 1 and October 1 in a resort establishment which regularly serves meals to the general public and which is open for business not more than six (6) months a year;

(viii) Any individual employed by an organized camp which does not operate for more than seven (7) months in any calendar year; however, this exemption does not apply to individuals employed by the camp on an annual, full-time basis; and provided that "organized camp" means any camp, except a trailer camp, having a structured program including, but not limited to, recreation, education, and religion, or any combination of these.

(6) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer, in relation to an employee;

(7) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed;

(8) "Wage" means compensation due to an employee by reason of his or her employment.


28-12-4.1 Minimum Wages–Overtime pay.

(a) Except as otherwise provided in Sec. 28-12-4.3, no employer shall employ any employee for a workweek longer than forty (40) hours unless the employee is compensated at a rate of one and one-half (1 1/2) times the regular rate at which he or she is employed for all hours worked in excess of forty (40) hours per week.

(b) In any workweek in which an employee of a retail business is employed on a Sunday and/or a holiday at a rate of one and one-half (1 1/2) times the regular rate at which he or she is employed as provided in Sec. 5-23-2, the hours worked on the Sunday and/or holiday shall be excluded from the calculation of overtime pay as required by this section.

28-12-4.2 Minimum Wages–Bi-weekly overtime pay.

Except as otherwise provided in Sec. 28-12-4.3, no employer shall employ any employee on a bi-weekly basis with hours worked and hourly wages averaged over that period for longer than forty (40) hours per week unless the employee is compensated at a rate of one and one-half (1 1/2) times the regular rate at which he or she is employed for all hours worked in excess of forty (40) hours per week.

28-12-4.3 Minimum Wages–Exemptions from overtime pay.

Exemptions. -- (a) The provisions of sections 28-12-4.1 and 28-12-4.2 do not apply to the following employees:
      (1) Any employee of a summer camp when it is open no more than six (6) months of the year.

      (2) Police officers, firefighters, and rescue service personnel employed by the cities and towns.

      (3) Employees of the state or political subdivision of the state who may elect through a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representatives of the employees, or if the employees are not represented by an exclusive bargaining agent, through an agreement or understanding arrived at between the employer and the employee prior to the performance of work, to receive compensatory time off for hours worked in excess of forty (40) in a week. The compensatory hours shall at least equal one and one half (1 1/2) times the hours worked over forty (40) in a week. If compensation is paid to an employee for accrued compensatory time, the compensation shall be paid at the regular rate earned by the employee at the time of payment. At the time of termination, unused accrued compensatory time shall be paid at a rate not less than:
      (i) The average regular rate received by the employee during the last three (3) years of the employee's employment, or
      (ii) The final regular rate received by the employee, whichever is higher.

      (4) Any employee employed in a bona fide executive, administrative, or professional capacity, as defined by the Fair Labor Standards Act of 1938, 29 U.S.C. section 201 et seq., compensated for services on a salary basis of not less than two hundred dollars ($200) per week.

      (5) Any employee as defined in subparagraph (a)(4) of this section unless the wages of the employee, if computed on an hourly basis, would violate the applicable minimum wage law.

      (6) Any salaried employee of a nonprofit national voluntary health agency who elects to receive compensatory time off for hours worked in excess of forty (40) hours per week.

      (7) Any employee, including drivers, driver's helpers, mechanics, and loaders of any motor carrier, including private carriers, with respect to whom the U.S. secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of 49 U.S.C. section 3102.

      (8) Any employee who is a salesperson, parts person, or mechanic primarily engaged in the sale and/or servicing of automobiles, trucks or farm implements, and is employed by a non-manufacturing employer primarily engaged in the business of selling vehicles or farm implements to ultimate purchasers, to the extent that the employers are exempt under the federal Wage-Hour and Equal Pay Act, 29 U.S.C. section 201 et seq. and 29 U.S.C. section 213(b)(10); provided, that the employee's weekly, bi-weekly, or monthly actual earnings exceed an amount equal to the employee's basic contractual hourly rate of pay times the number of hours actually worked plus the employee's basic contractual hourly rate of pay times one-half ( 1/2) the number of hours actually worked in excess of forty (40) hours per week.
     
 (9) Any employee employed in agriculture; however, this exemption applies to all agricultural enterprises that produce greenhouse crops, fruit and vegetable crops, herbaceous crops, sod crops, viticulture, viniculture, floriculture, feed for livestock, forestry, dairy farming, aquaculture, the raising of livestock, furbearing animals, poultry and eggs, bees and honey, mushrooms, and nursery stock. This exemption also applies to nursery workers.
   
(10) Any employee of an air carrier subject to the provisions of title 45 U.S.C. section 181 et seq., of the Railway Labor Act when the hours worked by such employee in excess of forty (40) in a work week are not required by the air carrier, but are arranged through a voluntary agreement among employees to trade scheduled work hours.

      (b) Nothing in this section exempts any employee who under applicable federal law is entitled to overtime pay or benefits related to overtime pay.  [Effective 5/5/12]
 

28-12-11 Minimum Wages–Posting of law and orders.

Every employer subject to any provision of this chapter or of any regulations or orders issued under this chapter shall keep a summary of this chapter, approved by the director of labor and training, and copies of any applicable wage orders and regulations issued under this chapter, posted in a conspicuous and accessible place in or about the premises where any person subject to wage orders and regulations is employed. Employers shall be furnished copies of summaries, orders, and regulations by the state on request without charge.

28-12-12 Minimum Wages–Records of employers.

Every employer subject to any provision of this chapter or of any regulation or order issued under this chapter shall make and keep for a period of not less than three (3) years in or about the premises where any employee is employed a record of the name, address, and occupation of each of his or her employees, the rate of pay, and the amount paid each pay period to each employee, the hours worked each day and each work week by the employee, and any other information that the director of labor and training prescribes by regulation necessary or appropriate for the enforcement of this chapter or the regulations or orders under this chapter. The records shall be open for inspection or transcription by the director of labor and training or his or her authorized representative at any reasonable time. Every employer shall furnish to the director of labor and training or to his or her authorized representative on demand a sworn statement of the records and information upon forms prescribed or approved by the director of labor and training.

28-12-13 Minimum Wages–Responsibility for enforcement.

The provisions of this chapter shall be carried out by the division of labor standards and it is the duty of the division of labor standards to administer the provisions of this chapter, to administer the labor laws of this state concerning women and children, and in general to be responsible for the welfare of women and children employed in industry in this state. Subject to the rules of civil service, the director of labor and training shall appoint a qualified person to act as chief of the division of labor standards.

28-12-14 Minimum Wages–Enforcement powers.

The director or the commissioner or any authorized representative of either has the authority to:

(1) Investigate and ascertain the wages of persons employed in any occupation in this state.

(2) Enter and inspect the places of business or employment of any employer of employees in any occupation in the state for the purpose of examining and inspecting any or all books, registers, payrolls, and other records of any employer that in any way relate to or have a bearing on the question of wages, hours, and other conditions of employment of any employees, and may question employees for the purpose of ascertaining whether the provisions of this chapter and the orders and regulations issued under this chapter have been and are being complied with.

(3) Require from any employer of employees in any occupation in this state full and correct statements in writing including sworn statements with respect to wages, hours, names, addresses, and any other information pertaining to his or her employees and their employment as the director or the commissioner or their authorized representative deems necessary or appropriate.

(4) Administer rules and to require by subpoena the attendance and testimony of witnesses, the production of all books, records, and other evidence relative to any matter under investigation. The subpoena shall be signed and issued by the director or the commissioner and shall be served and have the same effect as if issued out of the superior court.

(5) Cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed for like depositions in civil actions in the superior court.

(6) Carry out the provisions of this chapter.

(7) Bring all actions, suits, complaints, and prosecutions for the violation of any of the provisions of this chapter. Complaints shall be signed and issued by the director or the commissioner or any authorized representative of either.

28-12-15 Minimum Wages–Hindering enforcement.

Any employer who hinders or delays the director of labor and training or his or her authorized representative in the performance of his or her duties in the enforcement of this chapter, or refuses to admit the director of labor and training or his or her authorized representative to any place of employment, or fails to make, keep, and preserve any records as required under the provisions of this chapter, or falsifies any record, or refuses to make any record accessible to the director of labor and training or his or her authorized representative upon demand, or refuses to furnish a sworn statement of the record or any other information required for the proper enforcement of this chapter to the director of labor and training or his or her authorized representative upon demand, or fails to post a summary of this chapter or a copy of any applicable regulation or order as required by Sec. 28-12-11, is deemed in violation of this chapter and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day of violation constitutes a separate offense.

28-12-16 Minimum Wages–Discrimination against employees invoking provisions prohibited.

Any employer who discharges or in any other manner discriminates against any employee because the employee has made any complaint to his or her employer, to the director of labor and training, or to his authorized representative that he or she has not been paid wages in accordance with this chapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because the employee has testified or is about to testify in any proceeding, or because the employee has served or is about to serve on a wage board, is deemed in violation of this chapter, and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

28-12-17 Minimum Wages–Payment of substandard wages.

Any employer who pays or agrees to pay wages at a rate less than the rate applicable under this chapter is deemed in violation of this chapter and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for not less than ten (10) days nor more than ninety (90) days, or both, and each week for any portion of which the employer failed to pay any employee less than the rate applicable under this chapter constitutes a separate offense as to each employee.

28-12-18 Minimum Wages–Penalty for other violations.

Any employer who otherwise violates any provision of this chapter or of any regulation or order issued under this chapter is deemed in violation of this chapter and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day of violation constitutes a separate offense.

28-12-19 Minimum Wages–Liability to employee for substandard wages.

Any employer who pays any employee less than the applicable wage rate to which the employee is entitled under or by virtue of this chapter is liable to the employee affected for the full amount of the wage rate, less any amount actually paid to the employee by the employer, and for costs and the reasonable attorney's fees that may be allowed by the court. Any agreement between the employee and the employer to work for less than the wage rate is no defense to the action.

28-12-20 Minimum Wages–Assignment of wage claim and action by department.

At the written request of an employee paid less than the wage to which he or she is entitled under or by virtue of this chapter, the director of labor and training or the commissioner of minimum wage may take an assignment of the employee's wage claim in trust for the assigning employee and may bring any legal action necessary to collect the claim, and the employer shall be required to pay the costs and any reasonable attorney's fees that may be allowed by the court.

28-12-22 Minimum Wages–Collective bargaining rights preserved.

Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under this chapter.

25-3-2 Work on Holidays and Sundays –Increased pay required for work on Sundays and holidays.

Any person, association, or corporation receiving a permit from the division of racing and athletics of the department of business regulation to operate any horse racing, dog racing, or jai alai event under the parimutuel system and any person, association, or corporation doing business under a contractual agreement to provide any services to any horse racing, dog racing, or jai alai event under the parimutuel system shall compensate the necessary persons to conduct the event on Sundays and/or holidays for at least one and one-half (1 1/2) times the normal rate of pay for the work performed, and it shall not be grounds for discharge or other penalty upon an employee for refusing to work at the horse racing, dog racing, or jai alai event upon any of the Sundays and holidays enumerated in this chapter, and nothing contained in this chapter shall prohibit any person from engaging in or being employed in connection with the holding or operation of the event so licensed.

25-3-3. Work on Sundays or holidays.

(a) Work performed by employees on Sundays and holidays must be paid for at least one and one half (1 1/2) times the normal rate of pay for the work performed; provided, (i) that it shall not be grounds for discharge or other penalty upon any employee for refusing to work upon any Sunday or holiday enumerated in this section; (ii) any manufacturer which operates for seven (7) continuous days per week shall be exempt from the requirement of subsection (i).

(b) Any manufacturer of wall-covering products which operates for seven (7) continuous days per week, twenty-four (24) hours per day, and has complied with the provisions of subsection (a) is exempt from the requirement that the work be voluntary on Sundays as provided in subsection (a); provided, that the manufacturer increases employment by at least ten percent (10%), within one year of its conversion to continuous operation from non-continuous operation.

(c) Any manufacturer that operates three (3) shifts, or begins its work week on Sundays, may begin the shift or start the work week at 11:00 P.M. on Sunday and not be required to pay its employees one and one-half (1 1/2) times the normal rate of pay during the one hour period between 11:00 P.M. Sunday and 12 midnight.

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