Rhode Island § 28-12-4.1 § 28-12-4.1. Overtime pay.

Rhode Island Statutes

§ 28-12-4.1 — § 28-12-4.1. Overtime pay.

Rhode Island § 28-12-4.1

Title 28Labor and Labor Relations

Ch. 28-12Minimum Wages

This text of Rhode Island § 28-12-4.1 (§ 28-12-4.1. Overtime pay.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 28-12-4.1 (2026).

Text

§ 28-12-4.1. Overtime pay.
(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 (1Â½) 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
            un

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§ 28-12-4.1. Overtime pay.

(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 (1Â½) 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.

(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 (1Â½) 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,â€� 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 (1Â½) 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 workedâ€� shall include all paid leave.