Rhode Island Overtime laws & HR compliance analysis

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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