Some exceptions apply to Rhode Island’s Sunday and holiday pay law. By Roger Hood | In November 2013, the Rhode Island Superior Court confirmed in its “Park Row” decision that, other than by specific exemption, RI employers must pay their employees time-and-a-half for hours worked on Sunday and holidays. 25-3. Rhode Island requires private employers to pay employees 1½ times their regular rate on Sundays and the following holidays: Find out more about Rhode Island’s Leave Laws. Under Rhode Island's overtime law, an employer must pay each employee overtime in the amount of 1 1 / 2 times the employee's regular pay rate for hours worked in excess of 40 per workweek. Any predictable and reliable pay schedule is permitted as long as employees get paid at least … ", - Chambers USA: America’s Leading Lawyers for Business, - Anonymous client comment in Chambers USA: America’s Leading Lawyers for Business, - Chambers USA: America’s Leading Guide for Business. Classes of businesses that are currently exempt from this requirement include: manufacturers that operate three shifts, seven days a week; chauffeur limousine services that operate seven days per week, twenty-four hours per day; and rental car companies at T.F. The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay for Sunday and holidays. '", "This well-respected Providence firm acts for clients in Rhode Island and Massachusetts, but also provides advice extending to national and cross-border clients. In affirming… § 25-3-2. Search Rhode Island General Laws. The implications of these state holidays on public employers and private employers is discussed below. Accordingly, employers should confirm that their Sunday and holiday pay provisions are in compliance with current Rhode Island law. It is illegal for almost all businesses to be open on Thanksgiving. Before 1998, state law granted the RI Department of Labor and Training the authority to exempt certain classes of employers from the time-and-a-half requirement for work conducted on Sundays that was an “absolute necessity.” As a result, the DLT issued regulations defining certain classes of employers that were exempt under the absolute necessity standard. Also deals with employee and shareholder issues and has considerable strength in IP licensing. Businesses and Professions § 5-23-2. Iowa. of Labor FAQs; Rhode Island Stat. Rhode Island: § 28-12-4.1 Overtime pay. The following list contains the state holidays recognized by Rhode Island. The 7th day overtime law - separate from the minimum wage law - requires premium pay on the seventh day for those employees who work seven days in any one workweek. Rhode Island General Laws Title 5. The decision to work a Sunday or holiday schedule must be strictly voluntary. To petition the DLT for an exemption for a class of employers, a business must file a formal written statement with the Director of the DLT outlining: (1) a description of the class of employers the business seeks to exempt, (2) a description of that class’s operational requirements that necessitates such exemption, (3) the approximate number of the petitioner’s employees who typically work on Sundays and holidays, and (4) a statement of economic necessity justifying the exemption. To get vaccinated, you must confirm you are part of an eligible group, either online or over the phone when booking. RI Statutes 25-1-1. The judge further determined that the employer’s reliance … The law also permits employees to refuse to work on Sundays and legal holidays. As most employers are covered by the FLSA, generally the FLSA will apply and requires employers to pay time and a-half for all hours worked over 40 per workweek, unless an employee is properly classified as exempt. If a holiday falls on a Sunday, the day following is observed as the legal holiday. The Ins and Outs of Sunday and Holiday Premium Pay Per Massachusetts Blue Laws Determining Sunday and Holiday Premium Pay Requirements Under Massachusetts Blue Laws. In affirming a Department of Labor and Training (DOLT) decision on appeal, a Superior Court judge declared DOLT regulations related to the vestigial Sunday work permit requirements a nullity. If New Years Day, Independence Day, Veterans’ Day, or Christmas Day falls on a Saturday or Sunday, it is observed on the following Monday. Rhode Island Holiday Leave Employers are required to pay a rate of 1 ½ times the regular rate on Sundays and the following holidays: New Year’s Day, Memorial Day, Independence Day, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day. Rhode Island has been enforcing Wage and Hour Laws since 1940 when Public Law Chapter 895 was enacted. With Park Row, the Superior Court affirmed that the absolute necessity standard no longer applied after the 1998 amendment. of Labor FAQs. RI Dept. Their client service is tops – they’re the best of the bunch. Sign up for out free email updates to stay informed. Sundays and Holidays Generally, under Rhode Island law, employees who work on Sundays and holidays must be paid at least one and one-half times the normal rate of pay. entitled to Sunday premium pay equal to 25 percent of his or her rate of basic pay for each hour of Sunday work. The guidelines in Rhode Island for paying employees for Sunday labor have taken many twists and turns. In 1998, however, the Rhode Island General Assembly essentially eliminated the DLT’s authority to issue exemptions under the absolute necessity standard. of Labor FAQs; Rhode Island Stat. The Rhode Island Superior Court recently issued a decision that clarifies the Sunday premium pay laws and regulations in Rhode Island. Rhode Island requires state and municipal employers to pay employees 1½ times their regular rate on Sundays and the following holidays: The law also permits employees to refuse to work on Sundays and legal holidays. Instead, the amended law required that work on Sundays and holidays be paid at the premium rate unless a class of business was specifically exempted by statute or through a formal petition to the DLT. Other notable labor laws in Rhode Island require all hourly employees working on Sundays to be paid overtime, and require that any employee required to report to work for a shift be given at least three hours worth of work (or three hours worth of pay). The Department of Labor and Training is pleased to present this Guidebook for 2019 to our clients, in particular to the employers doing business in Rhode Island. The State of Rhode Island has designated several days each calendar year as state holidays. The Rhode Island Emergency Management was created in 1941 as the “The Rhode Island State Council of Defense” per Rhode Island Public Law Chapter 990. All Rhode Island employers must ensure that their Sunday pay practices comply with the most recent law, effective in 1998, and the new DOLT regulations, effective in 2008, that apply to it. The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay… CHAPTER 25-3 Work on Holidays and Sundays Index Of Sections § 25-3-1. Rhode Island Overtime Pay Laws. If a holiday falls on a Sunday, the day following is observed as the legal holiday. Sunday alcohol sales are permitted between noon and 8 pm. In some circumstances, those laws require Massachusetts employers to pay certain … Any employer in Rhode Island who is convicted of paying, or agreeing to pay, wages at a rate less than required by the minimum wage and hour laws outlines above will be subjected to the penalties outlined below: Fine of between $100 and $500, … Metro Sports Business & Tech Opinion Vaccine news & resources Spotlight Rhode Island Politics Education Lifestyle Arts Magazine Cars Real Estate Events. Licenses for holiday business . The DLT will either deny the request or grant an exemption for that employer class, or notify the petitioning employer of the DLT’s intent to draft regulations for the exempted class. – (a) Except as otherwise provided in this chapter, no employer shall employ any employee for a workweek longer than forty (40) hours unless the employee is compensated at a rate of one and one-half (1 1/2) times the regular rate at which he or she is employed for all hours worked in excess of forty (40) hours per week. Sunday LeaveRhode Island law permits employees to refuse to work on Sundays. Definitions. See Rhode Island General Laws 25-3-1; Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). RI Dept. Under Rhode Island law, most non-exempt employees must be paid time-and-a-half for hours worked on Sundays or state holidays. Several customer service agents of an airline filed a claim with the Rhode Island Department of Labor and Training (DLT), alleging they had not been paid overtime for Sundays and holidays. Cancel « Prev. Current as of January 01, 2019 | Updated by FindLaw Staff. 25-3. The Superior Court’s decision confirms that, unless specifically exempted, all RI employers must pay their employees time-and-a-half for Sundays and holidays. of Labor FAQs; Rhode Island Stat. '", One impressed client notes: "They are one of the top law firms in this marketplace and everyone there is dedicated to ensuring that the client's needs are always met or exceeded. Employees can also refuse to work on Sundays and legal holidays. Since its founding, the primary mission of the Rhode Island Emergency Management Agency (RIEMA) has been to protect life and property in the event of a disaster or crisis situation. People are eligible for a COVID-19 vaccination in Rhode Island based on Rhode Island’s vaccination timeline and if they live, work, or go to school in Rhode Island. The Rhode Island Supreme Court recently held that the Airline Deregulation Act (ADA), a federal law, preempts Rhode Island law requiring premium pay for Sunday … Rhode Island is vaccinating people against COVID-19. Here are 10 Rhode Island laws that are hard to believe actually exist! A petitioning employer has ten days to appeal if the request is denied. Compensating overtime is allowed upon written request by an employee. Professional sports cannot play games before 1 pm on Sundays. Rhode Island employers with 18 or more employees will be required to offer paid sick and safe leave. Certain employers may be exempt from this provision based on the nature of their business or size. Employees cannot be discharged or otherwise penalized for refusing to work on a Sunday or holiday. Search by Keyword or Citation; Search by Keyword or Citation. The old regulations, despite continued availability and publication, are void. ", Clients appreciate the team's "attention to detail" and praise its performance in negotiations: "They play well with others and are highly organized. Maryland. Rhode Island overtime pay laws requires employers to pay its workers one and one-half time the regular rate for hours worked in excess for 40 hours in a week. ", "Consilium Partners has been fortunate to work with Duffy & Sweeney on multiple successful M&A transactions over the past 10 years...", "Satisfied clients praise the firm’s approach to client service saying 'They are one of the easiest to communicate with, they stay in touch with you during the process. Rhode Island has a unique overtime law providing time-and-a-half overtime pay to any authorized employee who works on a Sunday or a holiday, and prevents employers from penalizing employees who do not wish to work on those days. Hunting is illegal on Sundays. To contact the author of this post, email Roger at rhood@duffysweeney.com. 25-3. Green Airport. We’re aware that these uncertain times are limiting many aspects of life. “Rhode Island will follow current Rhode Island law regarding the Rhode Island tax treatment of unemployment compensation,” Rhode Island Tax Administrator Neena Savage said in a press release. Increased pay required for work on Sundays and holidays. A … Overtime Pay Rhode Island state labor laws regarding the payment of overtime are largely consistent with the federal overtime laws. Maine . ", "Displays expertise in capital markets transactions and debt financing. Martin Luther King Jr.’s Birthday (3rd Monday in January), Election Day (1st Tuesday after the 1st Monday of November), Thanksgiving Day (4th Thursday in November). Some exceptions apply to Rhode Island’s Sunday and holiday pay law. The Massachusetts Blue Laws contains specific requirements regarding pay for employees that work certain holidays or Sundays. We welcome your comments, questions and suggestions. LOUISIANA N/A MAINE 40 MARYLAND 40 MASSACHUSETTS 40 MICHIGAN 40 MINNESOTA 48 MISSISSIPPI N/A MISSOURI 40: Premium pay required after 52 hours in … Rhode Island has a unique overtime law providing time-and-a-half overtime pay to any authorized employee who works on a Sunday or a holiday, and prevents employers from penalizing employees who do not wish to work on those days. in Rhode Island LAW WAGES WORK HOURS REGULATION. See FLSA: Overtime for … A Hummel Report investigation, published in the Providence Sunday Journal, detailed the longtime past practice of Warwick firefighters using sick and vacation pay to … The Labor Standards (Wage and Hour) Unit now administers labor laws … RI Dept. This decision may allow employers in other industries in Rhode Island to argue preemption of the Sunday and holiday premium pay law as well. Under Rhode Island law, all employees who work during Sundays or holidays must be paid 1.5 times their regular rate and guaranteed at least four hours of employment. Under the statute, the DLT can only grant exemptions by formal petition to an entire class of employers rather than to an individual employer. Rhode Island labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. 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The guidelines in Rhode Island for paying employees for Sunday labor have taken many twists and turns. Next » (a) A retail establishment may be open on any day of the year except as specifically prohibited herein. In 2002 and again in 2007, the DLT refiled regulations that referred back to the pre-1998 absolute necessity standard. While we continue to feature destinations that make our state wonderful, please take proper precautions or add them to your bucket list to see at a later date. Before 1998, state law granted the RI Department of Labor and Training the authority to exempt certain classes of employers from the time-and-a-half requirement for work conducted on Sundays that was an “absolute necessity.” All Rhode Island employers must ensure that their Sunday pay practices comply with the most recent law, effective in 1998, and the new DOLT regulations, effective in 2008, that apply to …