['Compensation']
['Exemptions from Overtime/Minimum Wage']
06/13/2024
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Summary of differences between federal and state regulations
Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.
To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.
These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.
Some Rhode Island individuals are exempt from the minimum wage provisions: domestics, federal workers, newspaper carriers, golf caddies, shoe shiners, theatre ushers, and outside sales people.
The following individuals are exempt from Rhode Island's overtime provisions: police, firefighters, rescue personnel, state employees, those in executive, administrative or professional positions, all employees of motor carriers (including drivers and drivers' helpers), sales people, partsmen, mechanics employed at car, truck or farm implement dealerships, and agricultural workers.
State
Contact
Rhode Island Department of Labor and Training, Labor Standards Unit
Regulations
Title 28 - Labor and Labor Relations
Chapter 28-12 - Minimum Wages
Section 28-12-2
www.rilin.state.ri.us/Statutes/TITLE28/28-12/28-12-2.HTM
§ 28-12-4.3 Exemptions
Federal
Contact
The Department of Labor is the federal agency that monitors hours worked.
Regulations
Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees
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