Like federal law, Rhode Island law requires that employees be paid one and a half times their regular rate of pay for all hours worked over forty in any given workweek. Anyone who is not covered by the minimum wage requirements (see #2 below) is not covered by the overtime requirements. In addition, the following employees who are covered by the minimum wage requirements are not covered by the overtime requirement:
Effective January 1, 2018, the minimum wage in Rhode Island is $10.10 per hour, which is higher than the federal minimum wage of $7.25 per hour.
Full-time students under 19 working for nonprofit religious, educational, library, or community service organizations may be paid at a lower rate per hour, and 14 and 15 year olds who do not work more than 24 hours per week may be paid at a lower rate per hour.
The following employees are not covered by Rhode Island's minimum wage law:
Tipped employees may be paid as little as $3.39 per hour, as long as tips bring this amount up to $9.60.
Rhode Island recently repealed its law requiring meal and rest breaks. However, there is legislation pending that would reinstate those requirements.
If your employer owes you wages, you can file a complaint with the Rhode Island Department of Labor and Training Division of Labor Standards. The form is available at http://www.dlt.ri.gov/ls/pdfs/complaintform_LS.pdf. Before submitting the form, however, you must formally ask your employer for the wages (s)he owes you. The Department will attempt to help resolve the situation, and if this is unsuccessful may bring a complaint in court on your behalf. If the court case is successful, the court may award you whatever wages you are owed as well as any other benefits you are owed; in some circumstances, the court may also award that you be reinstated at your job.
Do not delay in contacting the Rhode Island Department of Labor and Training. There are strict time deadlines in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within three years. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the Department.
Instead of filing a claim with the Rhode Island Department of Labor and Training, you may file a claim in court to collect your unpaid wages. You must nonetheless at least inform the Department of the violation. There is a one-year statue of limitations for such a claim. The court may order that you be reinstated in your job and may order your employer pay you back wages and benefits owed. The court may also require your employer to pay your litigation costs.
State Labor Agency
Rhode Island Department of Labor and Training
Center General Complex
1511 Pontiac Ave.
Cranston, RI 02920
Phone: (401) 462-8000
Toll Free: (401) 462-8006
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