Rhode Island labor laws protect salaried employees by outlining their rights related to pay, overtime, and workplace conditions. Understanding these laws is important for employees and employers to maintain fair treatment in the workplace.
Understanding your classification as a salaried worker is important, as it affects your employment rights. Whether you need to know about minimum salary requirements, overtime eligibility, or meal breaks, our Providence labor and employment lawyer can help.
If you have questions or concerns about your state workplace laws or your employment situation, we can review your options during a free consultation.
What Does ‘Salaried Employee’ Mean in Rhode Island?
A salaried employee is someone who receives a fixed amount of pay, regardless of the number of hours worked weekly. Unlike hourly workers, salaried workers receive a set wage that doesn’t change based on hours worked, even if they work more or fewer than 40 hours in a given week.
Under Rhode Island’s labor laws, salaried employees can be classified as either exempt or non-exempt. Exempt employees typically hold executive, administrative, or professional positions and cannot receive overtime pay.
Non-exempt salaried employees, on the other hand, can get overtime pay if they work more than 40 hours per week, per the Fair Labor Standards Act (FLSA).
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How Salaried Employees in Rhode Island Are Paid
Rhode Island labor laws require employers to pay salaried employees on a regular and timely schedule. Employers can choose to pay weekly, biweekly, or semimonthly, but monthly payment schedules are not permitted for salaried employees.
A payment schedule allows employees to receive their earnings on a predictable basis without long delays between paychecks. If an employer must change the payroll schedule, it must notify employees at least three paydays in advance.
Employees must be informed of the change well before it takes effect so that they have enough time to adjust to the new schedule. Employers must also adhere to the rule that employees be paid within nine days after the end of a pay period, regardless of the payday change.
Payment Methods Employers Can Use
In terms of payment methods, employers can pay salaried employees through:
- Direct deposit
- Check
- Cash
- Payroll card (if the employee consents in writing and can withdraw their full wages at least once per pay period without fees)
Additionally, Rhode Island law requires that if an employee leaves their job, they must be paid all owed wages by the next scheduled payday or within 24 hours if the business is closing down.
What Do Rhode Island Labor Laws Say About Salaried Workers and Breaks?
In Rhode Island, the law sets specific rules regarding meal breaks for all employees, including salaried workers.
Salaried employees who work at least six hours in a shift are entitled to a 20-minute unpaid meal break. The break must be uninterrupted, which means the employee is relieved of all work duties during that time.
Rhode Island does not mandate paid rest periods (like short breaks) for employees. However, under federal law, if an employer allows short breaks (usually around 10 to 15 minutes), those breaks must be paid.
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Termination of Employment for Rhode Island Salaried Employees
Rhode Island follows the “at-will” employment doctrine, meaning employers can terminate salaried employees at any time, for any reason, or no reason, unless a contract states otherwise. However, the following rules apply when an employee is terminated:
- Final pay: If an employer terminates a salaried employee, it must pay all wages the next scheduled payday owes the employee. If the company is closing down or moving out of state, the employer must pay all due wages within 24 hours of the termination.
- Severance pay: Rhode Island law does not require employers to offer severance pay unless it is part of an employment contract.
- Protection from unlawful termination: Employees cannot be terminated for discriminatory reasons, such as race, gender, or disability, or in retaliation for filing a complaint or exercising their legal rights.
If you believe you were wrongfully fired, our Providence wrongful termination lawyer can review your situation and, if necessary, help you file a complaint with the Rhode Island Department of Labor.
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Are Salaried Employees Eligible for Overtime in Rhode Island?
In Rhode Island, salaried employees may or may not be eligible for overtime, depending on their classification as exempt or non-exempt under FLSA.
- Exempt employees are typically those in executive, administrative, or professional roles who earn a minimum weekly salary of $684 (or $844 in Rhode Island as of July 1, 2024) and perform specific job duties. These employees are not eligible for overtime pay, regardless of how many hours they work.
- Non-exempt salaried employees, however, are eligible for overtime if they work more than 40 hours in one workweek.
If you’re unsure about your classification or eligibility for overtime, consulting our Providence wage theft and overtime pay dispute lawyer or the Rhode Island Department of Labor and Training can provide clarification.
What Is the Pay for Working Overtime for Salaried Employees?
Non-exempt salaried employees who work more than 40 hours in a week must receive overtime pay. This rate must be at least 1.5 times their regular pay.
For example, if a non-exempt employee earns $20 per hour, they must be paid at least $30 per hour for every hour worked beyond 40 hours in a week.
Are There Exceptions to Overtime Exemptions for Salaried Workers?
There are exceptions to overtime rules for salaried workers in Rhode Island. While many fall under exempt status and do not receive overtime, some exceptions apply:
- Non-exempt salaried employees: Some salaried workers can still work overtime if they work more than 40 hours a week. This depends on the kind of job they do and how much they earn.
- Misclassified employees: If a worker is incorrectly classified as exempt but doesn’t meet the job duties for exemption, they might still qualify for overtime. Employers cannot simply label someone exempt if their job doesn’t fit the rules.
- Certain jobs: Some professions, like police officers or firefighters, may still get overtime pay, even if they are salaried.
Types of Leave Available to Salaried Employees in Rhode Island
Salaried employees in Rhode Island can take several types of leave under state and federal law. These include:
- Paid sick leave: Rhode Island mandates that employers with 18 or more employees provide up to 40 hours of paid sick leave per year. Employees accrue one hour of sick leave for every 35 hours worked.
- Family and medical leave: Under the Family and Medical Leave Act (FMLA), eligible workers can take up to 12 weeks of unpaid leave while keeping their jobs secure. This leave can be used for things like recovering from illness or caregiving for a sick family member.
Rhode Island also offers a state-based Temporary Disability/Caregiver Insurance (TCI) program that provides partial wage replacement during such leave.
- Holiday leave: The state does not require private employers to provide paid time off for holidays. However, if salaried employees must work on Sundays or legal holidays, they must be paid at least 1.5 times their regular pay rate.
- Jury duty leave: Employers must allow time off for salaried employees to serve on a jury without penalizing them. Employees do not have to use their paid time off for jury duty.
- Military leave: Employees called to military service are entitled to reemployment rights and benefits when they return, which is in line with federal law.
- Crime victim leave: Large employers must provide leave, paid or unpaid, for employees to attend court proceedings related to being a victim of a crime.
Learn About Rhode Island’s Labor Laws for Salaried Employees
If you’re unsure about your rights or status as a salaried employee or have questions about Rhode Island’s labor laws, Duddy, Goodwin & Pollard can help. We can explain how these laws apply to you, whether you’re dealing with issues such as overtime, breaks, or job termination.
Reach out to us today for clear guidance and support. Let us help you. Our Rhode Island labor and employment law guide offers insight into the state’s laws, but we also offer a free consultation where you can review your legal options for your specific issue. Call us today.
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