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Summary of differences between federal and state regulations
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
Rhode Island employees will be paid one and one-half times their regular rate of pay for time worked in excess of 40 hours per week. However, employers that pay any delivery drivers or sales merchandisers an overtime rate of compensation for hours in excess of 40 per week cannot calculate the overtime rate using the fluctuating workweek method described in 29 CFR §778.114.
In any workweek in which an employee of a retail business is employed on a Sunday and/or a holiday at a rate of one and one-half times the regular rate at which he or she is employed as provided in Chapter 25-3, the hours worked on the Sunday and/or holiday shall be excluded from the calculation of overtime pay as required by this section.
Rhode Island employees who work on holidays must be paid overtime as follows:
If you work in non-retail, the hours in excess of forty are to be paid at time and one-half, the holiday is to be paid at time and one-half and the remainder is to be paid straight time. Example: Total hours 60 and eight of these hours were worked on a holiday. Extract the overtime hours from the total = 20, these hours are to be paid at time and one-half. Extract the eight from the remaining forty = 32. Eight hours are to be paid at time and one-half premium pay for working the holiday and 32 hours are straight time.
If you work in retail, the holiday hours are extracted first and paid at time and one-half. If there are hours over 40 in the balance, these hours are to be paid at time and one-half also. Example: Same as above, extract the holiday hours from the total hours and the balance is 52. The eight hours are to be paid at time and one-half premium pay. Because there are hours in excess of forty in the balance, these 12 hours must be paid at time and one-half for the overtime. The balance of 40 is paid at straight time. The city/town councils shall grant licenses for the sale by retail establishment at any places in that town or city designated in those licenses on Sundays.
State
Contact
Rhode Island Department of Labor and Training, Labor Standards Unit
Regulations
Rhode Island Statutes; Title 28 - Labor and Labor Relations
Chapter 28-12 - Minimum Wages
http://webserver.rilin.state.ri.us/statutes/title28/28-12/28-12-4.1.htm
Title 25, Chapter 25-3, Work on Holidays and Sundays
http://webserver.rilin.state.ri.us/Statutes/TITLE25/25-3/INDEX.HTM
Regulations
Work Permits on Sundays and Holidays
https://roar-assets-auto.rbl.ms/documents/14677/DLT_1663_.pdf
Rules and Regulations Relating to Exemptions for Work on Holidays and Sundays
Federal
Contact
The Department of Labor is the federal agency that monitors hours worked.
Regulations
U.S. labor regulations for hours worked can be found in CFR 29 Part 785.