Rhode Island Overtime Laws

Federal and state laws require Rhode Island employers to pay workers overtime for all hours worked over the forty-hour per week mark.  Critical overtime laws include the Fair Labor Standards Act (FLSA) and Rhode Island Payment of Wages Act.

Under both statutes, all workers must be paid overtime for all hours worked over the forty-hour per week mark unless the worker is exempt from the statutes.  The rules for exemption are the same under the FLSA and Rhode Island equivalent.  An employee is exempt if the employee is an:

1) Executive, Administrative or Professional Employee;

2) Highly paid employee;

3) Outside sales person;

4) Computer worker making a certain salary; or an

5) Apprentice.

Contact Muller Law or another employment attorney for guidance on whether your employees are exempt from the overtime requirement.

Calculation of the overtime rate can be more complicated that you might expect.  For instance, where workers are paid a commission– but that commission does not constitute a majority of the employee’s pay– the overtime rate is equivalent to 1.5 times the weekly pay– including commission– divided by 40 hours.  Contact an accountant, payroll company, or employment law attorney like Muller Law for a complete explanation on how to calculate the overtime rate.

Further Exceptions: In addition to “exempt” employees, there are some other categories of workers who are not covered, including: certain rail, air and motor carrier employees; employees who sell cars, airplanes and boats; taxi drivers; movie theatre employees; and, delivery drivers.

Unlike the FLSA, Rhode Island statutes also require employers to provide overtime for all time worked on Sundays as well.  Click here for more information on Sunday pay.

Useful Links:

Penalties for Misclassification of workers under the Rhode Island Payment of Wages Act

New Minimum Wages In Effect for 2016

As of January 1, 2016, the minimum wage is $9.60 per hour in Rhode Island and $10.00 per hour in Massachusetts.  Contact Muller Law with any questions you have regarding the impact these increases have on you or your business.