Rhode Island upholds strong worker protections, particularly when it comes to fair compensation for overtime work. While its laws generally align with federal standards, the state adds unique provisions—especially around Sunday and holiday pay—that employers and employees must understand.
This guide provides a clear and comprehensive overview of how overtime is calculated and enforced under Rhode Island labor laws, helping both employers and workers stay compliant.
This Article Covers:
Understanding Overtime in Rhode Island
- Which Overtime Laws Apply in Rhode Island?
- How are Overtime Laws in Rhode Island Different from Federal Laws?
- What is the Regular Rate of Pay in Rhode Island?
- How Much is Overtime Pay in Rhode Island?
- Who is Eligible for Overtime Pay in Rhode Island?
- Who is Exempt from Overtime Pay in Rhode Island?
Overtime for Hourly Rate and Salaried Employees in Rhode Island
- How Do You Calculate Overtime for Hourly Employees in Rhode Island?
- How is Overtime Calculated for Salaried Employees in Rhode Island?
Overtime for Complex Pay Structures in Rhode Island
- How Do You Calculate Overtime for Piece Rate or Commission Employees in Rhode Island?
- How Do You Calculate Overtime for Tipped Employees in Rhode Island?
- How Do You Calculate Overtime for Retail Employees Who Work on Sundays or Holidays?
Additional Considerations for Rhode Island Overtime
- Are there Industry-Specific Overtime Rules in Rhode Island?
- Do Employees in Rhode Island Get Extra Overtime Pay for Working on Sundays or Holidays?
- How can Employers Ensure Compliance with Rhode Island Overtime Laws?
Understanding Overtime in Rhode Island
Which Overtime Laws Apply in Rhode Island?
Overtime in Rhode Island is regulated by both federal law and state labor rules. Employees are generally entitled to receive 1.5 times their regular pay rate for any hours worked beyond 40 in a workweek.
The state also requires premium pay for certain types of work, such as Sunday and holiday shifts in the retail sector. Employers must also follow additional rules for breaks, pay frequency, and wage documentation to remain compliant.
How are Overtime Laws in Rhode Island Different from Federal Laws?
Overtime laws in Rhode Island offer additional protections beyond federal rules in specific cases. One key difference is that many retail workers in Rhode Island must be paid extra (1.5x their rate) for working Sundays or holidays—regardless of how many hours they’ve worked that week.
However, those hours aren’t counted toward the 40-hour threshold for weekly overtime. The state also enforces stricter rules on pay stubs, recordkeeping, and minimum shift hours, which aren’t covered by federal law.
What is the Regular Rate of Pay in Rhode Island?
In Rhode Island, the “regular rate of pay” includes all compensation an employee earns for their standard work, such as hourly wages, salaries, and commissions. This rate must at least meet the state’s current minimum wage, which is $15.00 per hour as of January 1, 2025. The regular rate forms the basis for calculating overtime pay, which is typically 1.5 times this rate when applicable.
How Much is Overtime Pay in Rhode Island?
Rhode Island law requires that non-exempt employees receive overtime pay for hours worked over 40 in a single workweek. Specifically:
- Weekly Overtime: Employees must be paid 1.5 times their regular rate for all hours worked beyond 40 hours in a workweek.
- Retail Sunday and Holiday Pay: Employees in retail businesses must be paid 1.5 times their regular rate for hours worked on Sundays and legal holidays, even if they haven’t worked 40 hours that week.*
If you want to learn more, check out our guide on Rhode Island overtime laws.
Who is Eligible for Overtime Pay in Rhode Island?
In Rhode Island, most non-exempt employees are eligible for overtime pay when they work more than 40 hours in a workweek. This includes:
- Hourly workers across industries, unless specifically exempt
- Salaried employees whose duties or pay do not meet exemption criteria
- Retail employees working Sundays or legal holidays (qualify for premium pay regardless of weekly total hours)
- Tipped workers, if overtime brings total pay below minimum wage, the employer must make up the difference
- Minors, unless working in exempt roles or under narrow hour limitations
Eligibility applies whether you’re paid hourly, salary, by piece rate, or commission—as long as you’re not in an exempt category and meet the hour threshold.
Who is Exempt from Overtime Pay in Rhode Island?
While most workers in Rhode Island are entitled to overtime pay, several categories of employees are exempt from these protections under state rules. These exemptions include:
- Summer Camp Workers: Employees working at camps open no more than six months annually.
- Police Officers: Uniformed officers are excluded from overtime coverage under state law.
- Certain Government Employees: State or municipal employees who opt for compensatory time off (at a rate of 1.5 hours per extra hour worked) through an agreement, instead of paid overtime.
- Executive, Administrative, and Professional Employees: Workers in these roles, as defined by the FLSA, who earn at least $200 per week on a salaried basis.
- Certain Nonprofit Employees: Salaried workers at nonprofit national voluntary health agencies who choose compensatory time off instead of paid overtime.
- Motor Carrier Workers: Drivers, mechanics, loaders, and helpers working for motor carriers under the jurisdiction of the U.S. Secretary of Transportation.
- Vehicle Sales and Repair Workers: Salespeople, mechanics, or parts workers at non-manufacturing auto or farm equipment dealerships—if their pay exceeds a calculated threshold combining regular and overtime hours.
- Agricultural Workers: Individuals working in farming, forestry, aquaculture, beekeeping, floriculture, sod, and nursery industries, among others.
- Airline Employees Under Voluntary Scheduling: Air carrier employees trading shifts through voluntary agreements, where the extra hours aren’t mandated by the employer.
For a detailed breakdown of the above, view Rhode Island’s exemptions from the overtime laws and the FLSA guidelines on overtime.
Learn more in detail about Rhode Island Salaried Employees Laws.
Overtime for Hourly Rate and Salaried Employees in Rhode Island
How Do You Calculate Overtime for Hourly Employees in Rhode Island?
In Rhode Island, hourly employees are entitled to overtime pay at 1.5 times their regular rate for any hours worked beyond 40 in a single workweek.
To determine overtime pay for an hourly employee in Rhode Island:
| 1. Calculate regular weekly pay: Multiply the regular hourly rate by 40. |
| 2. Determine overtime hours: Subtract 40 from the total hours worked in the week. |
| 3. Apply the overtime rate: Multiply overtime hours by 1.5 times the regular hourly wage. |
| 4. Add both amounts together for the total weekly earnings. |
Take an example of an employee earning $20 per hour working 50 hours in one week.
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The employee earns $800 in regular pay and $300 in overtime, totaling $1,100 for the week under Rhode Island’s weekly overtime rules.
How is Overtime Calculated for Salaried Employees in Rhode Island?
For salaried employees not exempt from overtime under Rhode Island law, overtime is calculated by first determining their regular hourly rate, based on a standard 40-hour workweek.
To calculate overtime:
| 1. Convert salary to a weekly amount, if not already in that form. |
| 2. Divide the weekly salary by 40 to determine the regular hourly rate. |
| 3. Multiply overtime hours (hours worked beyond 40 in the week) by 1.5 times the hourly rate. |
| 4. Add the result to the regular weekly salary to get the total compensation. |
Suppose a salaried employee earns $1,000 per week and works 50 hours.
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Thus, the employee earns their standard weekly salary plus overtime pay calculated from their hourly equivalent for any hours worked beyond 40 in the week.
For more details, check out our guide on your rights as a salaried employee in Rhode Island.
Overtime for Complex Pay Structures in Rhode Island
How Do You Calculate Overtime for Piece Rate or Commission Employees in Rhode Island?
Rhode Island follows federal guidelines for calculating overtime for employees paid by piece rate or commission. While the state doesn’t provide a unique formula, employers must still ensure these workers are paid at least 1.5 times their regular rate for hours worked over 40 in a workweek.
To determine the regular rate, total weekly earnings (including piecework or commissions) are divided by the total hours worked that week. The overtime premium is then calculated as half of that regular rate, added on top of the regular earnings for each hour over 40.
Here’s an example: if a commissioned employee earns $600 in one week by working 45 hours:
- Regular Rate = $600 ÷ 45 = $13.33/hour
- Overtime Pay = 5 hours x ($13.33 x 0.5) = $33.33
- Total Compensation = $600 + $33.33 = $633.33
Thus, the worker receives proper overtime compensation, even if they are not paid a fixed hourly wage.
How Do You Calculate Overtime for Tipped Employees in Rhode Island?
Rhode Island allows employers to pay a lower cash wage to tipped employees, as long as the combination of tips and cash wage meets or exceeds the full minimum wage. For overtime, employers must still ensure that tipped employees receive 1.5 times the full minimum wage, not just the tipped base wage.
Consider this example:
A restaurant server earns $3.89/hour in cash wages (the Rhode Island tipped minimum). The full minimum wage is $10.50.
For overtime:
- The employer must pay 1.5 × $10.50 = $15.75/hour for each overtime hour worked.
- This can include a combination of tips and base wage, but if tips fall short, the employer must make up the difference.
This ensures tipped employees are not underpaid for overtime hours worked.
How Do You Calculate Overtime for Retail Employees Who Work on Sundays or Holidays?
In Rhode Island, retail employees who work on Sundays or holidays are entitled to 1.5 times their regular rate of pay for those specific hours. However, these hours are not counted when calculating weekly overtime.
For example, if a retail worker earns $20 per hour and works:
- 32 hours Monday through Saturday, and
- 8 hours on Sunday at time-and-a-half, their total weekly hours worked would be 40. But under Rhode Island law, the Sunday hours are excluded from the 40-hour overtime threshold.
That means:
- The employee is paid $30/hour for Sunday (8 hours × $30 = $240),
- And regular pay for the 32 hours worked on other days (32 × $20 = $640),
- But no additional overtime pay is triggered, because Sunday hours are not counted toward the 40-hour limit.
This rule is specific to the retail industry and ensures Sunday/holiday premium pay is treated separately from standard overtime calculations under Rhode Island
Additional Considerations for Rhode Island Overtime
Are there Industry-Specific Overtime Rules in Rhode Island?
Yes. Industries like retail have unique overtime or premium pay rules under Rhode Island law. Employers should review specific provisions to ensure compliance.
Do Employees in Rhode Island Get Extra Overtime Pay for Working on Sundays or Holidays?
Yes, under Rhode Island law, employees must be paid at least one and one-half times their normal rate of pay for work performed on Sundays and holidays. However, there are important exceptions.
Certain industries and employer classes are exempt from this requirement. These include—but are not limited to—healthcare, hospitality, agriculture, commercial fishing, private security services, houses of worship (during services), higher education institutions operating 24/7, and roadside assistance operations.
To learn more about these exceptions, you can go through the official labor standards.
How can Employers Ensure Compliance with Rhode Island Overtime Laws?
To comply with Rhode Island’s overtime requirements, employers must:
- Track hours accurately: Employers must maintain records of hours worked each day and week for at least three years.
- Provide clear pay stubs: Every payday must include a breakdown of hours worked and deductions, including any overtime or premium pay.
- Honor wage and hour rules: This is for minors and tipped workers, where applicable.
Noncompliance may lead to penalties or wage recovery actions through the Department of Labor and Training (DLT).
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
