Rhode Island Overtime Pay Law

Employers in Rhode Island must conform with these state rules regarding overtime pay for employees.

In Rhode Island, employers must pay employees one and one-half times their regular rate for any hours in excess of 40.

Exemptions From the General Overtime Provision

The overtime provisions do not apply to:

• employees of summer camps that are open for less than six months per year
• police, fire fighters and rescue personnel employed by cities and towns
• employees of the state or its political subdivisions who may elect to receive compensatory time off in lieu of overtime compensation
• employees employed in a bona fide executive, administrative or professional capacity who are compensated on a salary basis of a minimum of $200 per week
• salaried employees of a nonprofit national voluntary health agency who may elect to receive compensatory time off in lieu of overtime compensation
• employees of a motor carrier whose maximum hours are set under the federal Motor Carriers Act
• salespersons, partspersons or mechanics primarily engaged in selling or servicing automobiles, trucks or farm implements who are employed by certain nonmanufacturing employers and whose earnings exceed a certain amount
• agricultural employees

Employees who are exempt from state minimum wage requirements are also exempt from overtime requirements.

Sunday and holidays. An employee who performs work on a Sunday or holiday and who has an authorized permit from the director of labor to do so must be paid time and one-half. In addition, no employee may be penalized for refusing to work on those days. The Director of the Department of Labor and Training may exempt employers from this overtime pay requirement because of the nature of the employer's operations or their size.

Delivery drivers and sales merchandisers. Effective June 1, 2011, employers that pay delivery drivers and sales merchandisers overtime for hours worked over 40 in any workweek cannot calculate the overtime rate of compensation by the fluctuating workweek method of overtime payment under federal law.

Hospital employees. Certain hourly wage employees of public and private hospitals cannot be required to perform overtime work beyond an established maximum workday. There are exceptions for declared national, state or municipal emergencies or disasters.

Air carrier employees. Air carrier employees are exempt from the state's overtime pay requirements when the hours worked by the employees over 40 in a workweek are arranged through a voluntary agreement among employees to trade scheduled work hours.