(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 (1½) times the regular rate at which he or she is employed for all hours worked in excess of forty (40) hours per week. Provided, however, employers who or that pay any delivery drivers or sales merchandisers an overtime rate of compensation for hours worked in excess of forty (40) hours in any one week shall not calculate that overtime rate of compensation by fluctuating workweek method of overtime payment under 29 C.F.R. § 778.114.

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Terms Used In Rhode Island General Laws 28-12-4.1

  • Employ: means to suffer or to permit to work. See Rhode Island General Laws 28-12-2
  • Employee: includes any individual suffered or permitted to work by an employer. See Rhode Island General Laws 28-12-2
  • Employer: includes any individual, partnership, association, corporation, business trust, or any person, or group of persons, acting directly, or indirectly, in the interest of an employer, in relation to an employee. See Rhode Island General Laws 28-12-2
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  In any workweek in which an employee of a retail business is employed on a Sunday or a holiday, or both, at a rate of one and one-half (1½) times the regular rate at which he or she is employed as provided in § 5-23-2, the hours worked on the Sunday or holiday, or both, shall be excluded from the calculation of overtime pay as required by this section.

(c)  No city, town, or fire district shall employ any “firefighter,” as defined in § 28-9.1-3, excluding however civilian employees, for an average workweek longer than forty-two (42) hours unless the firefighter is compensated at the rate of one and one-half (1½) times his or her regular rate for all hours worked in excess of forty-two (42) hours based upon an average workweek. An average workweek shall be calculated utilizing the prior consecutive eight-week (8) period, based upon a seven-day (7) workweek. For the purposes of this section, “hours worked” shall include all paid leave.

History of Section.
P.L. 1974, ch. 152, § 4; P.L. 1987, ch. 553, § 1; P.L. 2010, ch. 254, § 1; P.L. 2010, ch. 257, § 1; P.L. 2019, ch. 19, § 1; P.L. 2019, ch. 20, § 1.