I was terminated from my job and feel it was unjust.  
What can you do for me?

The Division of Labor Standards may take claims for unjust terminations when an employee is taking advantage of the RI Parental and Family Medical Act.  If the former employee feels he/she is the victim of discrimination, they are encouraged to contact the RI Commission for Human Rights at (401) 222-2661.  Back to Top

How is overtime to be paid?  What are the exceptions?  

Hours worked in excess of 40 per week are to be paid at time and one half the worker's regular rate of pay.

Any employee of a summer camp open no more than six months of the year, police officers, firefighters and rescue service personnel employed by the cities and towns, employees of the state or political subdivisions of the state who elect through collective bargaining or other agreement or understanding to receive compensatory time off equal to one and one-half times the hours worked over 40, employees employed in a bona fide executive, administrative or professional capacity as defined by the Fair Labor Standards Act receiving a salary of at least $200 per week (the salary divided by the number of hours worked must not violate the applicable minimum wage), salaried employee of a nonprofit national voluntary health agency who may elect compensatory time off for the hours worked in excess of 40, employees 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, employee employed as a salesperson or partsperson 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 provided that the earnings exceed an amount equal to the employee's basis 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 the number of hours actually worked in excess of 40 hours per week.  Back to Top

What is the Minimum Wage?  What are the exceptions?

As of January 1, 2007, the minimum wage is $7.40 per hour. Exemptions include Minors, 14-15 years of age working 24 hours or less.  They may be paid 75% of the minimum wage = $5.55 per hour.  If a minor works in excess of 24 hours, all hours must be paid at the minimum wage. For more information on the minimum wage, including a link to the law, please visit our minimum wage webpage.

Other exemptions: Individuals working in or about a private home, traveling salespersons or outside salespersons, individuals employment by his/her son, daughter, spouse and services performed by a child under the age of 21 in the employ of his/her mother or father, persons 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 months a year, persons employed by an organized camp which does not operate for more than seven months in any calendar year.  Back to Top

What is the minimum wage for wait staff?

Wait staff must be paid at least $2.89 per hour and the amount of tips received must bring this amount to $7.40 as of January 1, 2007, for all hours worked.  Back to Top


What types of records of hours must be kept and who is exempt?

An employer must keep an accurate daily and weekly (time in and out) record for all employees. No one, including employees paid on a salary basis, is exempt from this law.  These records, along with payroll records, must be kept for at least three years.  Back to Top

What is the law regarding lunches and breaks?

A twenty-minute meal period must be given during a six-hour shift, and a thirty-minute meal period must be given during an eight-hour shift. This does not include healthcare facilities or companies employing less than three employees at one site during a shift.  Back to Top

What are the legal holidays?

I work for a Manufacturer on Sundays, how should I be paid?  Exemptions?

Hourly-paid employees must receive time and one half the normal hourly rate of pay.

Exceptions include employees working in agriculture or maritime trades, physicians, dentist, attorney or accounts, health care or maintenance (hospitals, nursing homes, etc), restaurants, hotels, motels, summer camps, resorts or other recreational facility (except health clubs), salaried employees in a bona fide executive, professional or administrative capacity, telephonic delivery of customer service, sales operations and ancillary services related thereto except for employment in the telecommunications industry which are part of any collective bargaining agreement or employment contract.  Back to Top


If I work more than 40 hours in a week and 8 hours on a holiday, how am I to be paid?

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.  Example: Total hours 60 and eight of these hours were worked on a holiday.  Extract the overtime hours from the total = 20, these hours are to be paid at time and one half. Extract the eight from the remaining forty = 32.  Eight hours are to be paid at time and one half premium pay for working the holiday and 32 hours are straight time.

If you work in retail, the holiday hours are extracted first and paid at time and one half.  If there are hours over 40 in the balance, these hours are to be paid at time and one half also.  Example:  Same as above, extract the holiday hours from the total hours and the balance is 52.  The eight hours are to be paid at time and one half premium pay.  Because there are hours in excess of forty in the balance, these 12 hours must be paid at time and one half for the overtime.  The balance of 40 is paid at straight time.  The city/town councils shall grant licenses for the sale by retail establishment at any places in that town or city designated in those licenses on Sundays.  Back to Top



If I am paid hourly, should I be paid weekly?

Yes.  Exemptions are employees of the state and its political subdivisions and of religious, literary or charitable corporations and those employees whose compensation is fixed at a biweekly, semi-monthly, monthly or yearly rate,  the latter being employees paid a salary.  Back to Top

How am I to be paid, and how is a payday established?

Every employer must establish a regular payday on which wages shall be paid in full in lawful money of the United States, or checks on banks convertible into cash on demand.  Every payday shall fall within nine (9) days of the end of a payroll period.  Every employee shall be notified in writing or by posted notice that may be readily seen, of a change in the scheduled payday at least three (3) paydays in advance of a scheduled change.  Back to Top
 

I s it a law that I should be receiving a pay stub?

On every regular payday, the employer shall furnish to any employee a statement of the hours worked during the applicable pay period, a record of all deductions made from that employee's gross earnings with an explanation of the basis or reason for such deductions.  Back to Top

What is the vacation law?

Whenever an employee is separated from the payroll of an employer, after completing at least one (1) year of service, any vacation pay accrued by collective bargaining, company policy or other agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.   Back to Top

I work on a cash register and at times the drawer is short.  Can the employer deduct the shortage from my pay?

An employer may not deduct for shortages, damages, rent, uniforms, or any other reason (except applicable taxes).  An employer may make a deduction for loan or advance against future earnings if evidenced by a statement in writing signed by the employee with the amount to be deducted each pay period.  The statement may read "balance due upon separation".  Back to Top

I was promised a bonus from my employer, but he has not paid it yet. Can you help me?

No.  The payment of any bonus in addition to the payment of wages will not be subject to the provision of this chapter.   Back to Top


What hours can 16-17 year old minors work and how many hours?

Not before 6:00 a.m. or later than 11:30 p.m. (if no classes are scheduled on the following day, minor may be employed until 1:30 a.m.)  If minor is not a student, there is no curfew.  Maximum hours in RI is 9 hours per day (9 3/5 hours per day in a 5-day work week), 48 hours per week.  Back to Top



What hours can 14-15 year old minors work and how many hours?

Not before 6:00 a.m. or later than 7:00 p.m. (except 9:00 p.m. during school vacations).  Federal Law is not before 7:00 a.m. or later than 7:00 p.m. (except 9:00 p.m. from June 1 through Labor Day).  Maximum hours in Rhode Island is 8 hours per day, 40 hours per week.  Federal is 3 hours per day (school day), 8 hours non-school day, 18 hours per week (school week) and 40 hours non-school week.  Back to Top


What kind of work can a 14-15 year old do? What kind of work can they not do?

Permitted but not limited to:  Office and clerical (including office machines), cashier, bagger, price marking, landscaping (no power-driven machines), cleaning, waiting tables, bussing tables, dishwashing.

Not permitted but not limited to:  Manufacturing, mining, processing food or materials, laundry (washers/dryers), warehouse, construction, freezers, meat coolers, loading and unloading from trucks, railroad cars or conveyors, jewelry processing (by hand, or machine), bakeries (except strictly counter help), on any dock (public or private), dispensing gasoline, oil, any work in a car wash.  Back to Top


Can a person process jewelry in their home?  Where can jewelry work be performed?

No, jewelry homework is prohibited.  Performing jewelry homework may and has violated the minimum wage, overtime, records of hours, payment of wages and child labor laws.  Also some materials used in certain processes may be hazardous to a person's health.  Upon receiving a complaint, an examiner will visit the home and confiscate the work being processed.  The work is then returned to its rightful owner and the case is forwarded to the Attorney General for prosecution (both the homeworker(s) and person(s) giving out the homework).

This office registers contract shops and issues contract shop permits.  The shop must exist separate and apart from a home, where zoning permits, have adequate heat, lighting and toilet facilities.  The application fee is $120.00.  An examiner will inspect the shop to ensure compliance.  Permits expire September 30th of each year.  Back to Top


What is the Parental and Family Leave Act?

The R.I. Parental and Family Medical Leave Act is thirteen consecutive weeks of unpaid leave for the birth of a child, placement of an adopted child sixteen years or age of younger, or a serious illness or injury, impairment or condition that involves inpatient care in a hospital, nursing home or hospice; or outpatient care requiring continuing treatment or supervision by a health care provider.

Family member means parent, spouse, child, mother-in-law, father-in-law, or the employee him or herself.

Requirement: Must have been employed for 12 consecutive months, gives employer written 30 days notice (unless prevented by medical emergency), company must employ 50 or more employees.

Prior to commencement of parental or family leave, the employee shall pay to the employer a sum equal to the premium required to maintain the employee's health benefits in force during the period of leave.  The employer shall return such payment to the employee within ten (10) days following the employee's return to employment.

Upon expiration of such leave, the employee is entitled to be restored by the employer to the position held when the leave commenced or to a position with equivalent seniority, status, employment benefits, pay and other terms and conditions of employment.   Back to Top

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	RI Department of Labor and Training Labor Standards Division 1511 Pontiac Avenue, Cranston, RI 02920 Phone (401) 462-8550, Fax (401) 462-8530 Sandra M. Powell, Director