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Wage and Hour Laws

Minimum Wage

As of January 1, 2025, the state minimum wage is $15 per hour. 

However, Rhode Island employers can pay certain workers less than this in some circumstances:

  • The minimum wage for full-time students under 19 working for nonprofit educational, librarial, community, or religious service organizations is 90% of the state minimum wage, currently $13.50 an hour.
  • Minors aged 14 and 15 who work up to 24 hours a week can be paid 75% of the state minimum, $11.25 per hour. Fourteen and 15-year-olds who work more than 24 hours in a week are entitled to the state minimum wage for all hours worked during that week.
  • Other exceptions exist regarding resorts that open part of the year and workers who are working for their immediate family.

Tipped Minimum Wage

Employers can pay tipped employees Rhode Island’s tipped minimum wage of $11.11 per hour ($3.98 less than the state minimum) if:

  • The employee “customarily and regularly” receives more than $30 in tips per month.
  • When the employee’s tips are combined with the tipped wage, their total earnings equal or exceed the state minimum wage. If not, the employer must pay the difference.

When customers tip via credit card, employers must transfer the tip to the employee on the next scheduled payday or earlier. Rhode Island law prohibits employers from retaining any portion of a tipped employee’s tips. However, employers may subtract a percentage of tips to cover credit card providers’ fees.

Overtime Laws

In general, employers must pay workers 1.5 times their regular hourly rate for all hours they work over 40 hours in a workweek. Employers can’t average out hours worked over 2 weeks to avoid paying overtime.

State law also requires employers to pay employees 1.5 times their regular rate for work done on Sundays and holidays. However, there are some exceptions to these Sunday and holiday pay requirements: 

  • For employees of retail establishments, hours worked on Sundays and holidays that are already paid at time-and-a-half don’t count toward calculating weekly overtime.
  • Certain manufacturers that operate 3 shifts don’t have to pay time and a half for the first hour of shifts that begin at 11:00 pm on Sundays.
  • All employees of taxi companies and chauffeur-driven limousines are exempt from the time-and-a-half rule.
  • Car rental companies that have a contract with the Rhode Island airport corporation to operate on Sundays aren’t required to pay time and a half.

There are also exceptions to the state’s general overtime regulations: 

  • Rhode Island firefighters must receive the overtime rate (1.5 times their regular rate) for all hours worked over 42 hours a week. Firefighters’ hours worked include time they’re on paid leave.
  • Employers can’t use the fluctuating workweek method (an overtime calculation method under the FLSA) to calculate overtime pay for delivery drivers and sales merchandisers.

In addition, the following employees don’t have to be paid the overtime rate under state law:

  • Employees of summer camps that open only 6 months of the year.
  • Police officers and certain state employees.
  • Salaried employees of nonprofit national health voluntary agencies who choose to receive compensatory time off instead of overtime pay.
  • Employees whose work is subject to maximum work hours set by the United States Secretary of Transportation.
  • Executive, administrative, and professional employees as defined by the Fair Labor Standards Act (FLSA), unless their hourly wage is below the state minimum when calculated on an hourly basis.
  • Salespeople, parts staff, and mechanics who sell or service vehicles (including farm equipment) for non-manufacturing businesses—but only if their actual weekly earnings are greater than what they’d receive at their hourly rate for 40 hours plus 1.5 times their hourly rate for each hour worked beyond 40.
  • Certain agricultural employees and nursery workers.
  • Air carrier employees who are subject to the Railway Labor Act if their overtime hours result from trading shifts with their coworkers.

Pay Equality

Under Rhode Island’s Pay Equality Act, employers can pay employees different rates for comparable work only based on fair, non-discriminatory factors such as merit, seniority, quality and quantity of work, geographic location, and experience.

The pay equality law also prohibits employers from retaliating against workers who inquire about, discuss, or disclose their wages with other workers.

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Break Laws

Meal and Rest Breaks

Rhode Island law requires unpaid mealtime breaks for most employees:

  • A 20-minute break is required for shifts of 6 hours or more. 
  • A 30-minute break is required for shifts of 8 hours or more. 

Certain licensed healthcare facilities and employers of fewer than 3 workers aren’t covered by this law. However, employers must still follow federal law and pay FLSA-covered employees for any breaks they offer that are shorter than 20 minutes.

Recordkeeping Requirements

Rhode Island law requires employers to keep accurate records of employees’:

  • Names.
  • Addresses.
  • Positions.
  • Rates of pay.
  • Wages paid during each pay period. 
  • Hours worked each day and week during each pay period. 
  • Pay statements. 
  • Certificates of age and permits for child employees.

The state doesn’t demand records be kept in a specific manner, but their format should follow the format set by the Director of Labor and Training (DLT).

Employers must keep these records for at least 3 years from their dates of entry.

Anti-discrimination laws also require recordkeeping.

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Scheduling Laws

Rhode Island doesn’t have any specific predictive scheduling laws requiring employers to provide advance notice of schedules or compensate employees when they make last-minute schedule changes. 

However, the state has enacted laws related to predictive scheduling: 

  • Employees have the right to request flexible scheduling.
  • Employers can deny employee requests for flexible working arrangements.
  • Employers can’t retaliate against employees for making the request.

There are also some rules regarding Sunday and holiday schedules:

  • Employers can’t discharge employees for refusing to work on Sundays or holidays unless the employer is a manufacturer that operates 7 days a week.
  • Unless exempt, retail employers must schedule workers for at least 4 hours on these days.

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Employee Compensation and Benefits

Reporting Time Pay

If an employer asks an employee to report for work, or permits them to, and then doesn’t give them a shift that’s a minimum of 3 hours long, the employer must pay the employee for no less than 3 hours. This rule doesn’t apply when employees agree to work shifts for less than 3 hours.

Full-time students at colleges in Rhode Island who work for the college they attend aren’t covered by this law. If they report to work for a scheduled shift and there’s no work, the college must pay them for however many hours their shift should’ve been.

Payday Frequency and Method

Employees who are paid by the hour must usually be paid weekly

Employers can apply for permission from the Director of Labor and Training to pay wages every 2 weeks.

Paystub Requirements

Rhode Island law requires employers to provide a written statement of earnings to each worker every payday. Payday statements must contain:

  • Hours worked during the applicable pay period.
  • Any wage deductions.
  • Reasons for wage deductions.
  • A record of their hourly rate of pay (employees of commercial construction organizations only).

Employers may provide this statement in digital form. Employees can authorize their employer to deliver their statements in paper form. When employees do this, the employer must provide a printed or handwritten statement.

Wage Deductions and Garnishments

Employers can make lawful deductions from employees’ wages. In many cases, they’re empowered to do this by federal and state laws for purposes including:

  • Federal and state taxes.
  • Medicare.
  • Social Security (FICA).
  • Temporary Disability Insurance (TDI) and Temporary Caregiver Insurance (TCI) contributions.

Employees may give written consent for deductions for things like charitable donations, voluntary retirement contributions, and union dues. Employers must get each employee’s freely given, clearly stated, and revocable consent to do this lawfully.

Employers in Rhode Island can withhold part of an employee’s salary if a court has issued a judgment for wage garnishment. State law allows employers to charge employees a $5 processing fee for each wage garnishment order they receive.

The federal Consumer Credit Protection Act (CCPA) limits the amount of an employee’s earnings that can be garnished, regardless of how many garnishment orders the employee has. Maximum garnishment amounts are based on workers’ weekly disposable earnings—what’s left of their wages once all legal deductions have been made.

The maximum amount that can be garnished is the lesser of:

  • 25% of the employees’ weekly disposable earnings.
  • The amount where the employees’ weekly disposable earnings exceed 30x the federal minimum wage (currently $217.50).

Garnishments for bankruptcy, child support, and taxes are governed by federal law.

Final Paycheck Laws

Employers must comply with specific Rhode Island rules regarding final paychecks.

When an employee resigns or is terminated, employers must pay all unpaid wages on or before their next regular payday following separation.

Employees who’ve been with the same employer for at least a year are entitled to:

  • A monetary payout for any unused, accrued vacation time.
  • Receive their final wages within 24 hours if their employer’s business is liquidated, merged, sold, or moved out of state.

Workers’ Compensation

Under Rhode Island’s workers’ compensation law, all employers that regularly employ 1 or more employees must carry workers’ compensation insurance.

There’s only a narrow list of workers who aren’t required to have workers’ compensation coverage in Rhode Island:

In Rhode Island, workers must file a Notice of Designation as Independent Contractor (DWC 11-IC) form with the Director of Labor, declaring themselves an independent contractor for workers’ compensation purposes. Workers must do this annually for every business they work for.

Rhode Island courts will void the independent contractor status of any worker who: 

  • Was pressured into declaring themselves an independent contractor, or…
  • Submitted a form containing false information.

Regardless of whether this notification is filed, the Rhode Island workers’ compensation court will deem a worker an employee if certain circumstances are met.

Employers of exempt workers can elect to provide coverage by submitting a written statement to the DLT stating this and accepting the state laws on workers’ compensation. Employers who elect coverage must also obtain and file a certificate with the Secretary of State.

Out-of-state employers with employees in Rhode Island must appoint a Rhode Island resident as their agent in writing—and grant that agent authority to act on their behalf in matters related to workers’ compensation processes.

Employers must display the Workers’ Compensation Act poster in an area of the workplace that’s visible to employees. Failure to do so can incur a $250 fine.

Obtaining Workers’ Compensation Insurance

Employers can obtain workers’ compensation insurance for their Rhode Island workers in the following ways:

Operating without workers’ compensation insurance is a felony, and the consequences for employers are serious:

  • Up to 2 years imprisonment.
  • A $1,000 civil fine for each day of noncompliance—LLC managers, corporation officers, and partners can be personally liable for this in addition to the business.
  • Felony charges of up to $10,000.
  • Business closure (enforced by the DLT).

Claiming Workers’ Compensation Insurance

Covered workers who suffer workplace injuries or work-related illnesses can claim workers’ compensation regardless of who was at fault.

The worker, or someone on their behalf, can initiate a workers’ compensation claim by reporting the injury or illness to their employer. 

Employers must notify insurers when:

  • An employee is incapacitated for 3 consecutive days. 
  • The employee’s injury requires medical treatment.
  • An accident or job-related illness results in fatality. 

It’s then the insurer’s duty to file the First Report of Injury form electronically with the DLT. Insurers must do this within 10 days of being informed of an injury or illness, and within 24 hours of a work-related death.

Disputes about workers’ compensation are handled through Rhode Island’s Workers’ Compensation Court.

Unemployment Insurance

Most Rhode Island workers are covered by the state’s unemployment insurance (UI) program, which provides temporary benefits to eligible out-of-work individuals. The UI program is administered by the Rhode Island Department of Labor and Training (DLT) and follows the rules set in the state’s Employment Security Act.

Employers must:

  • Pay UI taxes.
  • Report all new hires and rehires to the Rhode Island New Hire Reporting Directory.
  • Complete and return the “Notice of Claim” form received when an ex-employee applies for benefits, and return it to the DLT within 10 business days.
  • Submit quarterly wage reports and employee separation details to the DLT.

Employers wanting to dispute UI tax assessments, UI claims, or report a fraudulent claim should complete the online protest form

Out-of-work employees are eligible to receive UI benefits if:

  • They’re unemployed or have had their hours significantly reduced through no fault of their own.
  • They’re actively searching for employment.
  • They’re physically able and available to work. 
  • They’ve earned sufficient wages within their “base period” (the first 4 of the last 5 completed quarters before the claimant files for unemployment). 

Benefit amounts are based on each claimant’s prior earnings. After a 7-day waiting period, eligible claimants can receive benefits up to a maximum of 26 weeks. Rhode Island doesn’t allow extended benefits.

Workers can file a claim for UI benefits via the DLT’s online system or by calling (401) 415-6772.

Claimants wanting to dispute a UI benefits decision should submit an appeal to the DLT within 15 days.

Workplace Rights and Protections

Discrimination and Harassment

The Rhode Island Fair Employment Practices Act (RIFEPA) prohibits discrimination and harassment in all aspects of employment. RIFEPA protects many of the same characteristics as federal anti-discrimination laws, like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), but it provides broader protections.

Under RIFEPA, all employers with 4+ employees are subject to the law, whereas federal laws apply only to employers with 15+ or 20+ employees.

RIFEPA makes it unlawful to refuse to harass, hire, discharge, and base other employment-related decisions on any individual’s:

  • Race.
  • Color.
  • Religion.
  • Sex.
  • Sexual orientation.
  • Pregnancy status.
  • Gender identity or expression.
  • Physical or mental disability.
  • Age (over 40).
  • Country of origin. 

Employers must display the Discrimination is Illegal poster in the workplace and have written policies regarding workplace harassment and discrimination.

Rhode Island’s Pay Equality Act specifically prohibits wage discrimination. It’s unlawful to pay different pay rates for comparable work based on the following protected characteristics:

  • Race or color.
  • Religion.
  • Sex.
  • Sexual orientation.
  • Gender identity or expression.
  • Disability.
  • Age.
  • Country of ancestral origin.

Employees who believe they’ve been discriminated against can file a charge with the Rhode Island Commission for Human Rights or submit a complaint to the Division of Equity, Diversity & Inclusion.

Retaliating against people who file a complaint, oppose discriminatory practices, or participate in investigations is illegal under state law.

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Leave Laws

✅ Family and Medical Leave The Rhode Island Parental and Family Medical Leave Act (RIPFMLA) entitles eligible employees to up to 13 consecutive weeks of unpaid leave every 2 calendar years.

Employees who’ve been employed (by the same employer) for at least 12 consecutive months can take family and medical leave under RIPFMLA:

  • Following the birth or adoption of a child 16 or younger.
  • When a family member is seriously ill.

A family member is defined as a parent, child, spouse, domestic partner, or parent-in-law.

Employees must give their employer at least 30 days’ notice of their intention to take RIPFMLA leave (unless unable due to a medical emergency).

On return, employees must be restored to their previous—or an equivalent—position. Employers are prohibited from dismissing employees who take or request parental and family medical leave.

✅ Paid sick and safe leave Employees can take paid “sick and safe” leave under Rhode Island’s Healthy and Safe Families and Workplaces Act. This entitles employees to time off for:
  • The employee’s own medical diagnosis, treatment, and care (physical or mental).
  • Caring for a family member or member of their household who’s injured or physically or mentally ill.
  • Recuperation after being a victim of domestic assault or a personal crime (for the employee or a member of their family).
  • Psychological or legal counseling.
  • Relocating to ensure safety.
  • Participating in legal proceedings.
  • The employee’s own business closing because of a public health emergency.
  • Caring for a child whose school is closed because of a public health emergency.

For purposes of sick and safe leave, “family members” are spouses, domestic partners, children, parents, grandparents, siblings, and care recipients.

Rhode Island employees of private employers with 18+ employees accrue at least 1 hour of paid sick and safe leave for every 35 hours worked. Employees who are exempt from overtime pay are considered to work 40 hours a week for purposes of sick and safe leave. However, paid leave is capped at 40 hours per year. (Employers can voluntarily increase this limit.)

Employers can require new hires to wait up to 90 days before allowing them to use any accrued paid sick and safe leave. Employees can request sick and safe leave orally, on paper, and electronically.

Rhode Island’s mandatory Temporary Disability Insurance (TDI) program provides partial income replacement when employees can’t work because of a non-work related injury or illness.

✅ Paid Family Leave Employees can take paid family leave under Rhode Island’s paid sick and safe law. Also, the mandatory Temporary Caregiver Insurance (TCI) program provides financial benefits when employees need time off work:
  • To bond with a newborn baby, foster child, or adopted child.
  • To care for a seriously unwell child, parent, spouse or partner, parent-in-law, or grandparent.

From January 1, 2025:

  • The maximum length to receive TCI benefits is 7 weeks per year.
  • The dependent allowance is $20 per week per dependent.
✅ Pregnancy and Parental Leave Employees can take up to 7 weeks’ paid leave under the TCI insurance program, as explained above. Employees in Rhode Island can take unpaid leave for pregnancy and parental purposes under RIPFMLA, as explained above.
❌ Vacation and Personal Leave There’s no requirement for employers in Rhode Island to grant employees paid or unpaid vacation leave. Employers can choose to offer vacation and personal leave at their discretion.

Other Mandatory Leave

Military LeaveState laws regarding military service allow unpaid leave and provide the following protections:
  • Members of the Rhode Island National Guard are entitled to reinstatement to their previous role, or an equivalent role upon return, with no loss of seniority or benefits.
  • Employers must rehire any employee who requests reinstatement to their previous role within 40 days of completing US Military service.
  • Employers can’t discharge, threaten, or discriminate against employees based on their military service—or try to stop them from serving.
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) provides similar protections at the federal level.
Jury Duty LeaveUnder state law, employers can’t discharge employees for taking time off to serve on a jury. 

Employees aren’t entitled to pay while they’re on jury duty leave—unless a company contract or collective bargaining agreement mandates pay. However, serving on jury duty shouldn’t cause employees loss in terms of wage increases, promotions, or benefits.

Employees in Rhode Island should give reasonable advance notice when called to serve jury duty. 
Witness LeaveThere’s no specific Rhode Island law that requires employers to grant leave for their employees to attend court as witnesses.

However, where cases are about the employee or their family member, they can request sick and safe leave.
Emergency Response LeaveThe Rhode Island Disaster Service Volunteer Leave Act grants employees who are American Red Cross-certified disaster volunteers up to 10 days of paid leave to participate in specialized disaster relief. However, this is paid by the state, not the private employer.
School Involvement LeaveAfter 12 months’ employment with the same employer, employees are entitled to up to 10 hours’ unpaid leave to attend school-related activities of a child under their legal care.

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Child Labor Laws

In general, the minimum working age in Rhode Island is 14, with some limited exceptions. 

Under-18s can’t work in any jobs that are considered hazardous.

Under-14s14 and 15-year-olds16 and 17-year-olds
Permitted work:
• Casual babysitting.
• Newspaper delivery.
• Must be outside of school hours.
Prohibited work
14 and 15-year-olds can’t work in:
• Factories.
• Mechanical establishments.
• Manufacturing establishments.
*The exception is if they’re on an industrial pre-apprenticeship or internship program.

Permitted work hours:
• School days: 6am to 7pm.
• Can’t work during school hours.
• June 1 to Labor Day: 6am to 9pm.

Maximum hours:
• School days: 3 hours per day.
• School weeks: 18 hours per week.
• Non-school days: 8 hours per day.
• Non-school weeks: 40 hours per week.
Permitted work
• All jobs that aren’t considered hazardous.

Permitted work hours
• School days: 6am to 11:30pm (6am to 1:30am if there’s no school the next day).

Maximum hours
• 9 hours per day (or 9.6 hours if working 5 days per week).
• 48 hours per week.
• Must have at least 8 hours of rest between shifts on consecutive days.

Employment and Age Certificates

Minors aged 14 and 15 must obtain an employment certificate (work permit) from their local school committee to work legally. Before work permits are granted, minors must successfully complete training on “workers’ rights, workplace health and safety, and workers’ compensation.” 

Work permits can be revoked if the minor’s school believes working is detrimental to the minor’s schoolwork or attendance. 

Employers must verify the age of any minor employed in a factory, mechanical establishment, or manufacturing facility. Under Rhode Island law, truant officers and compliance inspectors can demand that the employer produce a certificate of age proving the minor is at least 16 years old. Employers can get these certificates from the state’s Department of Education

Employers must: 

  • Keep work permits and certificates of age on file.
  • Keep copies of the supporting documentation used to obtain work permits, such as birth certificates, on file.
  • Return the work permit to the school committee that issued it when the minor’s employment ends.

Workplace Safety and Health

Rhode Island enforces workplace safety and health regulations through the Federal Occupational Safety and Health Act (OSHA). This is administered locally by the Rhode Island Department of Labor and Training.

Key employer obligations under OSHA include:

  • Provide safe workplaces free from hazards likely to cause harm.
  • Follow all relevant OSHA standards.
  • Deliver appropriate safety training.
  • Report workplace injuries and illnesses to OSHA RI within 8 hours, and any inpatient hospitalizations or serious injuries within 24 hours.
  • Keep workplace injury and illness records.
  • Display OSHA posters where required. 
  • Cooperate with OSHA inspectors.

Employees’ rights include the ability to:

  • Refuse to work in unsafe environments.
  • Review injury and illness records.
  • File OSHA complaints without retaliation.

Labor Union Regulations

Rhode Island isn’t a right-to-work state. Employers can require employees to join a union as a condition of employment in unionized workplaces.

Under the federal National Labor Relations Act (NLRA), employees of private employers have the right to organize, unionize, and act together to improve workplace conditions and bargain collectively.

Employment Contracts and Severance

Rhode Island follows the at-will employment doctrine: Either party can terminate employment at any time for any lawful cause (unless a contract or agreement states otherwise).

Restrictive Covenants

Despite ongoing efforts to ban them, most non-compete agreements are enforceable in Rhode Island when they are:

  • Reasonable in duration and geographic scope.
  • Necessary to protect legitimate business interests, such as confidential information.
  • Not entered into with minors (employees under 18).
  • Not entered into with students on internships.
  • Not entered into with low-wage earners (employees earning below 2.5 times the federal poverty level).

However, Rhode Island law prohibits non-compete agreements with physicians and certain medical professionals.

Rhode Island also prohibits employees from making workers sign non-disclosure agreements (NDAs) or non-disparagement agreements as a condition of employment when those agreements would prevent them from discussing unlawful workplace conduct. Courts void any clauses that violate this rule.

Severance pay

Rhode Island law doesn’t require employers to pay severance. If employers provide severance pay, they must comply with any relevant terms outlined in employment contracts, collective bargaining agreements, and company policies.

Additional State-Specific Employment Laws

The following labor laws also apply to Rhode Island employers:

Mini-COBRA Rhode Island’s Mini-COBRA requires employers of 2–19 workers to offer continued health coverage of up to 18 months when the employee loses coverage for qualifying events such as job loss and divorce.

Employers with 20+ workers must comply with the federal COBRA.
Ban the Box Law Under Rhode Island law, it’s unlawful to ask about applicants’ criminal history on their initial job application, including on application forms. 
Employers can only ask applicants about their criminal backgrounds if:
  • The role is for a position in or related to law enforcement.
  • Having certain criminal convictions would make the applicant legally ineligible for the position.
  • The position requires a standard fidelity or surety bond, which you can’t obtain with a criminal conviction.
Employers may ask applicants about criminal history during the first interview and thereafter.
Drug Testing Pre-employment drug testing is permitted under Rhode Island law if the employer has given an offer of employment that requires a negative test result.

Employers are permitted to conduct drug testing as a condition of continued employment only if they have specific, documented reasons to believe an employee is using drugs.

When drug testing is permitted, it must abide by the following:
  • Sample collection must be done in private.
  • All positive results must be confirmed by a federally certified lab using gas chromatography/mass spectrometry or equally reliable technology.
  • Employees must be given the chance to have their samples tested by an independent facility.
  • Employees have the right to receive results and be given the opportunity to explain any positive results.
  • Test results must be kept confidential.

Medical marijuana use is protected under certain conditions, but this doesn’t permit employees to be impaired at work.

Employers may also be subject to additional federal labor laws

Employers and employees in Rhode Island may find the following useful:

Disclaimer

The information presented on this website about labor laws in Rhode Island is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.

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