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Rhode Island Overtime: What you need to know

Under Rhode Island's overtime law, an employer must pay each employee overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 per workweek. However, employers that pay any delivery drivers or sales merchandisers an overtime rate of compensation for hours worked in excess of 40 hours in 1 week may not calculate the overtime rate by the fluctuating workweek method (RI Gen. Laws Sec. 28-12-4.1). Because this rate is the same as that prescribed by the federal law, the net effect of the state law is to extend overtime protections to workers not covered by the federal standard.
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Rhode Island law exempts anyone employed in a bona fide executive, administrative, or professional capacity earning a salary of at least $200 per week from state overtime pay requirements. The law specifically incorporates the definitions of these terms that are in the federal Fair Labor Standards Act (FLSA) (RI Gen. Laws Sec. 28-12-4.3). This means that the duties tests for determining whether an employee is exempt from overtime as an executive, administrative, or professional employee are set by federal regulations. Because the duties test is the same under Rhode Island and federal law but the salary level requirement is less in Rhode Island, the determination of whether an employee is exempt for businesses subject to federal or both state and federal law is based on the federal regulations. The federal salary threshold is $455 per week.
Healthcare facilities may not require nurses who are paid hourly to work in excess of an agreed-on, predetermined scheduled work shift of 8, 10, or 12 hours. There is an ...

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Rhode Island Overtime Resources

Overtime Products

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FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
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FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers."
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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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