Overtime Laws in Rhode Island 2026: Pay Rates, Exemptions & Tax Deduction (2026)
⚠️Informational only — not legal or tax advice.
Guide for Rhode Island overtime laws 2026
Last verified: March 5, 2026
Next scheduled review: June 5, 2026
Table of Contents
- Rhode Island Overtime Laws at a Glance (2026)
- Does Rhode Island Have Its Own Overtime Law?
- How Overtime Pay Is Calculated in Rhode Island
- Who Is Exempt from Overtime in Rhode Island?
- Overtime Tax Deduction: “No Tax on Overtime” (2025–2028)
- Can an Employer Require Overtime in Rhode Island?
- Industry-Specific Overtime Rules in Rhode Island
- How to File an Overtime Wage Complaint in Rhode Island
- Penalties for Overtime Violations in Rhode Island
- Rhode Island Overtime Law Updates (2025–2026)
- Frequently Asked Questions
- Sources and Verification
Rhode Island Overtime Laws at a Glance (2026)
| Details | |
|---|---|
| Overtime threshold | 40 hours per workweek |
| Overtime pay rate | 1.5× regular rate of pay |
| Double time | No |
| 7th consecutive day rule | No |
| Sunday/holiday premium | 1.5× regular rate — required for most employees working Sundays and recognized state holidays (R.I. Gen. Laws § 5-23-2) |
| State minimum wage (2026) | $16.00/hour |
| Exempt salary threshold (2026) | Federal: $684/week ($35,568/yr) — Rhode Island follows the federal standard |
| Daily overtime | No — weekly calculation only |
| State enforcement agency | Rhode Island Department of Labor and Training (DLT), Labor Standards Unit |
| Federal enforcement | U.S. DOL Wage and Hour Division |
| Overtime tax deduction (federal) | Up to $12,500/yr (2025–2028) — FLSA-covered workers only |
| Rhode Island tax treatment | Non-conforming — federal overtime deduction must be added back on RI state return (Tax Advisory ADV-2025-20) |
| Statute of limitations | 3 years (R.I. Gen. Laws § 28-14-19.2) / 2 years FLSA (3 if willful) |
Governing law: R.I. Gen. Laws § 28-12-4.1; R.I. Gen. Laws § 5-23-2; Fair Labor Standards Act, 29 U.S.C. § 207 Last verified: March 5, 2026
Does Rhode Island Have Its Own Overtime Law?
Rhode Island has its own overtime law under R.I. Gen. Laws § 28-12-4.1, which requires employers to pay nonexempt employees at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. This mirrors the federal Fair Labor Standards Act (FLSA) weekly threshold.
When Rhode Island law and federal FLSA rules differ, the standard more favorable to the employee applies.
Key differences between Rhode Island and federal overtime law:
- Sunday and holiday premium pay: Rhode Island’s “blue laws” under R.I. Gen. Laws § 5-23-2 require employers to pay time-and-a-half to most employees who work on Sundays or recognized state holidays, regardless of whether total weekly hours exceed 40. This obligation exists independently of the overtime statute. Federal law imposes no such requirement.
- Mandatory overtime restrictions for healthcare workers: Rhode Island prohibits mandatory overtime for hourly nurses and certified nurse assistants in hospitals under R.I. Gen. Laws §§ 23-17.20-1 et seq. Federal law has no equivalent restriction.
- Statute of limitations: Rhode Island employees have three years to file a state wage claim for unpaid overtime (R.I. Gen. Laws § 28-14-19.2), compared to two years under the FLSA (three years for willful violations).
- Sunday/holiday premium and overtime interaction: Rhode Island law treats Sunday/holiday premium pay and weekly overtime pay differently depending on whether the employer qualifies as a retail business. Non-retail employers must pay both premiums separately (pyramiding applies). Retail employers may exclude Sunday/holiday hours from the weekly overtime calculation (R.I. Gen. Laws § 28-12-4.1(b)).
State statute: R.I. Gen. Laws § 28-12-4.1 — https://webserver.rilegislature.gov/Statutes/TITLE28/28-12/28-12-4.1.htm Sunday/holiday premium statute: R.I. Gen. Laws § 5-23-2 — https://webserver.rilegislature.gov/Statutes/TITLE5/5-23/5-23-2.htm Federal statute: Fair Labor Standards Act, 29 U.S.C. § 207 — https://www.dol.gov/agencies/whd/overtime
How Overtime Pay Is Calculated in Rhode Island
What Is a “Workweek”?
Under the FLSA, a workweek is a fixed, regularly recurring period of 168 consecutive hours (seven consecutive 24-hour periods). A workweek does not have to start on Monday or align with a calendar week — the employer may designate any day and time as the start of the workweek.
Each workweek stands alone. An employer cannot average hours across two or more workweeks to avoid overtime. If an employee works 50 hours in one week and 30 the next, overtime is owed for the first week regardless of the second.
Source: 29 C.F.R. § 778.104–778.105
Pay Rates
Under R.I. Gen. Laws § 28-12-4.1 and the FLSA, nonexempt employees in Rhode Island earn overtime at the following rate:
Time-and-a-half (1.5× regular rate):
- All hours worked over 40 in a workweek
Rhode Island does not require daily overtime. Working more than 8 hours in a single day does not trigger overtime pay unless total hours in the workweek exceed 40.
Sunday and Holiday Premium Pay
Separately from the weekly overtime requirement, R.I. Gen. Laws § 5-23-2 requires most Rhode Island employers to pay 1.5 times the regular rate to employees who work on Sundays or recognized state holidays. This premium applies even if the employee has not exceeded 40 hours for the week.
Recognized state holidays for this purpose include New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas, among others.
Certain categories of employers are exempt from the Sunday/holiday premium, including healthcare facilities, hotels, motels, restaurants, summer camps, and certain agricultural employers. A full list of exemptions is published by the RI DLT.
Retail vs. non-retail distinction: For retail business employers, Sunday/holiday premium hours are excluded from the calculation of weekly overtime, meaning a retail employer is not required to “pyramid” the two premiums. For non-retail employers, the Sunday/holiday premium and weekly overtime are calculated separately, which can result in an employee receiving both premiums for the same hours.
Source: R.I. Gen. Laws § 28-12-4.1(b); R.I. Gen. Laws § 5-23-2; RI DLT Labor Standards FAQ — https://dlt.ri.gov/regulation-and-safety/labor-standards/labor-standards-faq
What Counts as the “Regular Rate of Pay”
The regular rate is not always the same as the hourly wage. Under the FLSA (29 C.F.R. § 778.108), the regular rate includes:
- Base hourly rate or salary equivalent
- Non-discretionary bonuses and incentive pay
- Shift differentials
- Commissions
- Piece-rate earnings
The regular rate does NOT include:
- Discretionary bonuses (e.g., holiday gifts)
- Employer contributions to benefit plans
- Vacation, holiday, or sick pay when no work is performed
Calculation Examples
Rhode Island’s minimum wage as of January 1, 2026 is $16.00/hour (R.I. Gen. Laws § 28-12-3).
Example — Weekly overtime in Rhode Island:
An employee earns $16.00/hour and works 48 hours in one workweek:
- Regular pay: 40 hours × $16.00 = $640.00
- Overtime pay: 8 hours × ($16.00 × 1.5) = 8 × $24.00 = $192.00
- Total weekly gross pay: $832.00
Example — Sunday premium pay (non-retail employer):
An employee earns $16.00/hour and works 38 hours in a week, including 6 hours on Sunday:
- Regular weekday pay: 32 hours × $16.00 = $512.00
- Sunday premium: 6 hours × $24.00 (1.5×) = $144.00
- No weekly overtime triggered (total hours = 38, below 40)
- Total weekly gross pay: $656.00
Example — Sunday premium combined with overtime (non-retail employer):
An employee earns $16.00/hour, works 50 hours, including 8 hours on Sunday:
- Overtime (hours over 40): 10 hours × $24.00 = $240.00
- Sunday premium (separate from overtime for non-retail): 8 hours × $24.00 = $192.00 (premium; these hours are not counted toward overtime)
- Remaining straight-time hours (50 − 10 OT − 8 Sunday = 32): 32 × $16.00 = $512.00
- Total weekly gross pay: $944.00
Note: The calculation above applies to non-retail employers. Retail employers use a different method — see Section 7 (Industry-Specific Rules).
Source: R.I. Gen. Laws § 28-12-4.1; 29 C.F.R. § 778.108–778.122; RI DLT, A Guide to Wage and Workplace Laws in Rhode Island — https://dlt.ri.gov/sites/g/files/xkgbur571/files/documents/pdf/ls/WageHourBook.pdf
For the current Rhode Island minimum wage, see [Rhode Island Minimum Wage Laws].
Who Is Exempt from Overtime in Rhode Island?
Not all employees in Rhode Island are entitled to overtime pay. Certain employees are classified as “exempt” under federal and/or state law.
Federal FLSA Exemption Requirements
To be exempt from overtime under the FLSA, an employee must meet ALL THREE criteria:
1. Salary basis test: Paid a predetermined, fixed salary each pay period (not hourly)
2. Salary level test: Earn at least $684 per week ($35,568 per year)
3. Duties test: Perform specific job duties in one of these categories:
| Exemption | Key duty requirement |
|---|---|
| Executive | Manages enterprise or department; directs 2+ employees; authority to hire/fire |
| Administrative | Office/non-manual work related to management or business operations; exercises independent judgment |
| Professional | Work requiring advanced knowledge in science or learning (prolonged specialized study) |
| Computer employee | Systems analysis, programming, software engineering — $684/week salary OR $27.63/hour |
| Outside sales | Primary duty is making sales away from employer's place of business |
Source: 29 C.F.R. Part 541
What Happened to the 2024 DOL Salary Threshold Increase?
In April 2024, the U.S. Department of Labor issued a final rule that would have raised the exempt salary threshold to $1,128 per week ($58,656/year) effective January 1, 2025.
On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated that rule nationwide in Texas v. U.S. Department of Labor (No. 4:24-cv-00499).
The salary threshold remains $684/week ($35,568/year) as of 2026.
Rhode Island’s Exempt Salary Threshold
Rhode Island does not set its own salary threshold for overtime exemption. The applicable threshold is the federal standard of $684/week ($35,568/year).
Important note regarding Rhode Island’s overtime statute: R.I. Gen. Laws § 28-12-4.3 lists several categories of employees exempt from Rhode Island’s state overtime requirement. These include, among others: employees of summer camps open no more than six months per year; police officers, firefighters, and rescue service personnel employed by cities and towns; state employees and municipal employees who elect compensatory time through collective bargaining; car and farm equipment salespeople; and agricultural workers. The FLSA savings clause in § 28-12-4.3(b) clarifies that nothing in this section exempts any employee who is entitled to overtime under applicable federal law — meaning FLSA-covered employees retain federal overtime rights even if a state exemption applies.
Source: R.I. Gen. Laws § 28-12-4.3 — https://webserver.rilegislature.gov/Statutes/TITLE28/28-12/28-12-4.3.htm; 29 C.F.R. Part 541
For more on Rhode Island employment classification and at-will employment rules, see [Rhode Island Employment Law].
Overtime Tax Deduction: "No Tax on Overtime" (2025–2028)
The One Big Beautiful Bill Act (Public Law 119-21), signed on July 4, 2025, created a new federal income tax deduction for qualified overtime compensation under Internal Revenue Code § 225. This deduction is available for tax years 2025 through 2028.
Who Is Eligible
- Nonexempt employees covered by the Fair Labor Standards Act (29 U.S.C. § 207)
- Must have a Social Security number valid for employment
- Cannot use the Married Filing Separately filing status
Who is NOT eligible:
- Exempt (salaried) employees who do not receive FLSA overtime
- Independent contractors (1099 workers) who are not FLSA-covered
- Employees receiving overtime only under state law, employer policy, or collective bargaining (if that overtime is not also required by the FLSA)
What Is Deductible
The deduction covers the premium portion of overtime pay — specifically the amount that exceeds the regular rate of pay.
| Overtime type | What is deductible | Example ($20/hr regular rate) |
|---|---|---|
| Time-and-a-half (1.5×) | The "half" — 1/3 of total OT pay | $10/hr per OT hour ($30 − $20) |
IRS shortcut for 2025: If you only know your total overtime pay and were paid time-and-a-half, divide the total overtime amount by 3. (Source: IRS Notice 2025-69)
| Deduction Limits | ||
|---|---|---|
| Filing status | Maximum annual deduction | Phase-out begins |
| Single | $12,500 | $150,000 MAGI |
| Married filing jointly | $25,000 | $300,000 MAGI |
| W-2 Reporting | |
|---|---|
| Tax year | Employer reporting requirement |
| 2025 | NOT required to separately report (transition year — IRS Notice 2025-62). May voluntarily report in W-2 Box 14 as "QUALI OT" or provide a separate statement |
| 2026 and later | REQUIRED to separately report qualified overtime compensation. IRS has indicated Box 12, Code TT for this purpose (draft form; subject to change before finalization) |
What This Deduction Does NOT Do
- Does NOT exempt overtime from Social Security (6.2%) or Medicare (1.45%) taxes
- Does NOT apply to state income taxes (federal deduction only)
- Does NOT change how much overtime pay an employee receives — it reduces taxable income when filing
- Does NOT apply to overtime paid solely under state law or employer policy that exceeds FLSA requirements
Source: IRS FAQs on Qualified Overtime Compensation Deduction; IRS Notice 2025-69; IRS Notice 2025-62; IRC § 225; P.L. 119-21, § 70202; Schedule 1-A (Form 1040) Official IRS page: https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
Rhode Island Income Tax and the Overtime Deduction
Rhode Island has decoupled from the federal overtime tax deduction.
On October 2, 2025, the Rhode Island Division of Taxation issued Tax Advisory ADV-2025-20, confirming that Rhode Island will not conform to the federal overtime deduction created by the One Big Beautiful Bill Act. This policy was incorporated into the Rhode Island Fiscal Year 2026 budget, which provides that for tax years beginning on or after January 1, 2025, Rhode Island will require individual taxpayers to add back to adjusted gross income any amount that was excluded or deducted for federal purposes under OB3 provisions — including the qualified overtime compensation deduction under IRC § 225.
Practical effect:
- If a Rhode Island employee claims the federal overtime deduction on their federal return (reducing federal AGI by up to $12,500/$25,000), they must add that amount back when calculating Rhode Island taxable income.
- Rhode Island overtime pay remains subject to Rhode Island state income tax at normal rates.
- The Rhode Island Division of Taxation has created Schedule HR1-Individual for this purpose. This schedule must accompany the Rhode Island state return (whether filed electronically or on paper) whenever a federal addback is required.
- Rhode Island’s supplemental withholding rate is 5.99% for overtime pay paid separately from regular wages.
Rhode Island state income tax rates for 2026 are graduated: 3.75% on the first $77,450 of taxable income, 4.75% on income from $77,451 to $176,050, and 5.99% on income above $176,050 (amounts adjusted annually for inflation under R.I. Gen. Laws § 44-30-2.6).
Source: Rhode Island Division of Taxation, Tax Advisory ADV-2025-20 (October 2, 2025) — https://tax.ri.gov; Rhode Island FY2026 Budget Act; 2026 Rhode Island Employer’s Income Tax Withholding Tables — https://tax.ri.gov/sites/g/files/xkgbur541/files/2025-11/2026%20Withholding%20Tax%20Booklet_d.pdf
For full Rhode Island state income tax details, see [Rhode Island Income Tax].
Can an Employer Require Overtime in Rhode Island?
General Rule
Under the FLSA, there is no federal limit on the number of hours an employer can require an adult employee (age 16 and older) to work in a workweek, as long as the employee is properly compensated for all overtime hours. An employer may discipline or terminate an at-will employee for refusing to work overtime, unless a specific law, employment contract, or collective bargaining agreement provides otherwise.
Rhode Island is an at-will employment state. For most workers, employers may require overtime and may impose discipline for refusing mandatory overtime, provided all overtime hours are properly compensated.
Healthcare Exception — Nurses and Nurse Assistants
Rhode Island law prohibits mandatory overtime for hourly nurses and certified nurse assistants involved in direct patient care or clinical services at all public, private, and state hospitals under R.I. Gen. Laws §§ 23-17.20-1 et seq. and the associated DLT regulation (260-RICR-30-05-4).
Key provisions of this restriction:
- Employers may not require covered employees to work beyond their agreed-upon, regularly scheduled shift of 8, 10, or 12 hours
- At no time may a health care facility require a covered employee to work more than 12 consecutive hours
- Acceptance of overtime beyond the scheduled shift must be strictly voluntary
- Refusal of overtime cannot be grounds for discrimination, dismissal, discharge, or any other adverse employment action
- An exception applies for unforeseeable emergent circumstances (e.g., a major power outage, public health emergency, or irregular surge in patient census) — but only as a last resort and only when reasonable staffing efforts have been exhausted
- Mandatory overtime cannot be used to compensate for chronic short staffing
Violations of the mandatory overtime restriction may be reported to the Rhode Island DLT using the Mandatory Overtime (Nurses/Hospitals) Complaint Form available at: https://dlt.ri.gov/regulation-and-safety/labor-standards/wage-complaints
Source: R.I. Gen. Laws §§ 23-17.20-1 et seq. — https://webserver.rilegislature.gov/Statutes/TITLE23/23-17.20/INDEX.htm; 260-RICR-30-05-4 — https://rules.sos.ri.gov/regulations/Part/260-30-05-4
Protections That Always Apply
Regardless of mandatory overtime policies, the following protections apply in Rhode Island:
- All overtime hours must be compensated at the applicable overtime rate
- Employers cannot retaliate against employees who file wage complaints (29 U.S.C. § 215(a)(3); R.I. Gen. Laws § 28-50-1 et seq. — Rhode Island Whistleblowers’ Protection Act)
- Disability accommodation requests under the ADA may limit overtime requirements
- Child labor laws restrict hours for employees under 18
Source: 29 U.S.C. § 207; R.I. Gen. Laws §§ 23-17.20-1 et seq.; R.I. Gen. Laws § 28-50-1 et seq.
Industry-Specific Overtime Rules in Rhode Island
Sunday and Holiday Premium Pay — Retail vs. Non-Retail Distinction
Rhode Island imposes a premium pay requirement for Sunday and holiday work that does not exist under federal law (R.I. Gen. Laws § 5-23-2). The application differs depending on employer type:
Non-retail employers: Must pay both Sunday/holiday premium and weekly overtime separately. An employee working 50 hours including 8 hours on Sunday would receive: 8 Sunday/holiday hours at 1.5× plus 10 hours of weekly overtime at 1.5×, calculated independently. This is sometimes called “pyramiding” and is the DLT’s position for non-retail employers.
Retail employers: Sunday/holiday premium hours are excluded from the weekly overtime calculation. A retail employee working 50 hours including 8 hours on Sunday would receive: 8 Sunday/holiday hours at 1.5×, and only 10 hours of weekly overtime (rather than 18), because the 8 Sunday hours are carved out of the weekly overtime total.
The DLT defines a “retail business” as an establishment engaged primarily in the sale of goods or services directly to the general public at the end of the distribution chain, in small quantities, to the ultimate consumer.
Certain industries are exempt from the Sunday/holiday premium requirement entirely, including: health care and maintenance facilities (hospitals, nursing homes, etc.), restaurants, hotels, motels, summer camps, certain educational institutions, telephonic/internet customer service operations, and private security guard businesses. A complete list of exemptions is available at: https://risos-apa-production-public.s3.amazonaws.com/DLT/REG_12624_20211223111421.pdf
Source: R.I. Gen. Laws § 5-23-2 — https://webserver.rilegislature.gov/Statutes/TITLE5/5-23/5-23-2.htm; R.I. Gen. Laws § 28-12-4.1(b); RI DLT Labor Standards FAQ — https://dlt.ri.gov/regulation-and-safety/labor-standards/labor-standards-faq
Healthcare (8-and-80 System)
Under 29 U.S.C. § 207(j), hospitals and residential care facilities may enter into agreements with employees to use a 14-day work period instead of a standard 7-day workweek. Under this arrangement, overtime is due after 8 hours in a single day OR 80 hours in the 14-day period, whichever calculation results in more overtime pay.
In addition, as noted above, Rhode Island separately prohibits mandatory overtime for hourly nurses and certified nurse assistants in hospitals under R.I. Gen. Laws §§ 23-17.20-1 et seq.
Agriculture
Under the FLSA, agricultural workers are generally exempt from the federal overtime requirement (29 U.S.C. § 213(b)(12)). Rhode Island’s state overtime exemption also excludes employees employed in agriculture under R.I. Gen. Laws § 28-12-4.3. Agricultural workers in Rhode Island are therefore not entitled to overtime pay under either federal or state law.
Public Sector / Government Employees — Compensatory Time
Under 29 U.S.C. § 207(o), state and local government employers may offer compensatory time off at a rate of 1.5 hours for each overtime hour worked instead of overtime pay in cash, provided:
- A prior agreement or understanding exists between the employer and employee (or their union representative)
- The accrual cap is 240 hours of comp time (or 480 hours for public safety, emergency response, and seasonal employees)
- Employees are permitted to use accrued comp time within a reasonable period
Under R.I. Gen. Laws § 28-12-4.3, state employees and employees of political subdivisions of Rhode Island who elect through collective bargaining agreements to receive compensatory time are among those exempt from Rhode Island’s state overtime requirement. Federal FLSA rights are preserved for covered employees regardless of this state exemption.
Private-sector employers in Rhode Island cannot offer comp time in lieu of overtime pay. A private-sector employee who works overtime hours must be compensated in cash at 1.5× their regular rate.
Source: 29 U.S.C. § 207(o); R.I. Gen. Laws § 28-12-4.3 — https://webserver.rilegislature.gov/Statutes/TITLE28/28-12/28-12-4.3.htm
Transportation (Motor Carrier Exemption)
Employees whose duties affect the safe operation of motor vehicles in interstate commerce may be exempt from FLSA overtime under the Motor Carrier Act exemption (49 U.S.C. § 31502; 29 U.S.C. § 213(b)(1)). Rhode Island’s state overtime statute similarly lists drivers, drivers’ helpers, mechanics, and loaders of motor carriers among its state exemptions under R.I. Gen. Laws § 28-12-4.3.
How to File an Overtime Wage Complaint in Rhode Island
Employees in Rhode Island who believe they have not received proper overtime pay have three options:
Option 1: Rhode Island Department of Labor and Training — Labor Standards Unit
| Details | |
|---|---|
| Agency | RI DLT Labor Standards Unit |
| Filing | Download and mail the Nonpayment of Wages Complaint Form (PDF) — available at https://dlt.ri.gov/regulation-and-safety/labor-standards/wage-complaints |
| Email submission | DLTLaborStandards@DLT.RI.Gov |
| Phone | (401) 462-8550 |
| Address | 1511 Pontiac Ave., Cranston, RI 02920 |
| Pre-requisite | You must formally request the unpaid wages from your employer before submitting to the DLT |
| Deadline | 3 years from the date of the violation (R.I. Gen. Laws § 28-14-19.2) |
Healthcare workers (nurses/nurse assistants): A separate Mandatory Overtime (Nurses/Hospitals) Complaint Form is available on the same page.
Option 2: U.S. Department of Labor — Wage and Hour Division
| Details | |
|---|---|
| Online | https://www.dol.gov/agencies/whd/contact/complaints |
| Phone | 1-866-487-9243 (toll-free) |
| Deadline | 2 years from violation (3 years if willful) |
Option 3: Private Lawsuit
Employees may file a lawsuit against their employer in state or federal court under 29 U.S.C. § 216(b) or R.I. Gen. Laws § 28-14-19.2. Remedies under the FLSA may include:
- Back wages owed
- Liquidated damages (an additional amount equal to the unpaid wages)
- Reasonable attorney’s fees and court costs
If a lawsuit is filed in Rhode Island state court under the state wage statute, a successful plaintiff may recover up to two times the amount of unpaid wages plus litigation costs (R.I. Gen. Laws § 28-14-19.2).
Retaliation Protection
Under the FLSA (29 U.S.C. § 215(a)(3)) and the Rhode Island Whistleblowers’ Protection Act (R.I. Gen. Laws §§ 28-50-1 et seq.), employers cannot retaliate against employees for:
- Filing an overtime wage complaint
- Participating in an investigation
- Testifying in proceedings related to overtime violations
Source: RI DLT Wage Complaints — https://dlt.ri.gov/regulation-and-safety/labor-standards/wage-complaints; R.I. Gen. Laws § 28-14-19.2; 29 U.S.C. § 216(b); 29 U.S.C. § 215(a)(3)
Penalties for Overtime Violations in Rhode Island
| Federal FLSA Penalties | |
|---|---|
| Penalty type | Amount |
| Back wages | Full amount of unpaid overtime owed |
| Liquidated damages | Equal to unpaid wages (effectively doubles recovery) |
| Civil monetary penalty | Up to $2,451 per violation (willful/repeated — adjusted annually) |
| Criminal prosecution | Willful: fines up to $10,000; second offense: up to 6 months imprisonment |
Source: 29 U.S.C. § 216
Rhode Island State Penalties
Under R.I. Gen. Laws § 28-14-19.2, employees who successfully pursue a state court claim for unpaid wages may recover:
- Two times the amount of unpaid wages (effectively treble damages when combined with back wages)
- Litigation costs
Under R.I. Gen. Laws § 28-14-19.2 and the broader wage payment statute, employers who knowingly and willfully fail to pay an employee more than $1,500 in wages may face criminal prosecution, including up to three years in prison and fines.
Source: R.I. Gen. Laws § 28-14-19.2 — https://webserver.rilegislature.gov/Statutes/TITLE28/28-14/28-14-19.2.htm
Rhode Island Overtime Law Updates (2025–2026)
Federal Changes Affecting Rhode Island
- July 4, 2025: One Big Beautiful Bill Act signed — created federal overtime tax deduction for tax years 2025–2028 (IRC § 225; P.L. 119-21)
- November 15, 2024: DOL salary threshold rule vacated by federal court in Texas v. U.S. Department of Labor — exempt threshold remains $684/week ($35,568/year)
Rhode Island Changes
- January 1, 2026: Rhode Island minimum wage increased from $15.00 to $16.00/hour, raising the minimum overtime rate to $24.00/hour (R.I. Gen. Laws § 28-12-3, as amended by 2025-H 5029A, 2025-S 0125A). The minimum wage is scheduled to increase again to $17.00/hour on January 1, 2027.
- October 2, 2025: Rhode Island Division of Taxation issued Tax Advisory ADV-2025-20, confirming Rhode Island’s decoupling from the federal overtime income tax deduction under IRC § 225. Rhode Island employees must add back the federal deduction when computing Rhode Island taxable income using Schedule HR1-Individual.
- June 30, 2025: Rhode Island FY2026 budget enacted, including the IRC decoupling provision covering overtime and tip income deductions. The budget also formally provided that for tax years beginning on or after January 1, 2025, net income for Rhode Island purposes is computed as if OB3 provisions (One Big Beautiful Bill Act) were not in effect.
- January 1, 2026: Rhode Island employers are required to provide each employee with a written notice of employment information at the time of hire, as required by 2025 legislation.
Source: Governor’s press release, August 4, 2025 — https://governor.ri.gov; Rhode Island Division of Taxation — https://tax.ri.gov; R.I. Gen. Laws § 28-12-3 — https://webserver.rilegislature.gov/Statutes/TITLE28/28-12/28-12-3.HTM
Last reviewed: March 5, 2026 Next scheduled review: June 5, 2026
Frequently Asked Questions About Overtime in Rhode Island
Does Rhode Island have overtime laws?
Yes. Rhode Island has its own overtime law under R.I. Gen. Laws § 28-12-4.1. Under both Rhode Island law and the federal FLSA, nonexempt employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. Rhode Island does not require daily overtime.
What is the overtime rate in Rhode Island in 2026?
The overtime rate in Rhode Island is 1.5 times the employee’s regular rate of pay. Based on the Rhode Island minimum wage of $16.00/hour as of January 1, 2026, the minimum overtime rate is $24.00/hour. Rhode Island does not require double time.
Does Rhode Island require daily overtime?
No. Overtime in Rhode Island is calculated on a weekly basis only. Working more than 8 hours in a single day does not trigger overtime unless total hours in the workweek exceed 40.
Does Rhode Island require Sunday and holiday premium pay?
Yes. Under R.I. Gen. Laws § 5-23-2, most Rhode Island employers must pay 1.5 times the regular rate to employees who work on Sundays or recognized state holidays, even if the employee has not exceeded 40 hours for the week. Several industries are exempt from this requirement, including healthcare facilities, restaurants, hotels, and motels.
Is mandatory overtime legal in Rhode Island?
For most workers, yes — Rhode Island is an at-will state and employers may require overtime. However, Rhode Island law prohibits mandatory overtime for hourly nurses and certified nurse assistants in hospitals under R.I. Gen. Laws §§ 23-17.20-1 et seq. These workers cannot be required to work beyond their agreed-upon scheduled shifts of 8, 10, or 12 hours, and no shift may exceed 12 consecutive hours.
Am I exempt from overtime in Rhode Island?
Exemption depends on both salary level and job duties. Under the FLSA, employees must earn at least $684/week on a salary basis AND perform executive, administrative, or professional duties to qualify for exemption. Rhode Island does not set a higher salary threshold; the federal standard applies. Rhode Island also has state-specific categorical exemptions, including for agricultural workers, summer camp employees, and certain government employees — though FLSA protections remain for federally covered workers.
Can salaried employees get overtime in Rhode Island?
Yes. Being paid a salary does not automatically make an employee exempt from overtime. Salaried employees who earn less than $684/week or who do not meet the federal duties tests are nonexempt and entitled to overtime pay.
Is overtime taxed in Rhode Island?
Overtime pay is subject to both federal and Rhode Island state income taxes. At the federal level, FLSA-covered nonexempt employees may deduct up to $12,500 ($25,000 for married filing jointly) of the premium portion of overtime from federal taxable income for tax years 2025–2028 under IRC § 225. However, Rhode Island has decoupled from this federal deduction. Rhode Island employees must add back the federal overtime deduction when computing their state taxable income, using Schedule HR1-Individual. Overtime pay is fully taxable for Rhode Island state income tax purposes.
How do I calculate the overtime tax deduction for federal purposes?
For time-and-a-half pay, the deductible amount is one-third of total overtime pay. For example, if you earned $9,000 in total overtime at time-and-a-half, the qualified overtime compensation deductible for federal purposes is $3,000. The IRS confirms this method in Notice 2025-69. This deduction does not apply to Rhode Island state income taxes — Rhode Island requires a full addback.
How do I file an overtime complaint in Rhode Island?
File a wage claim with the RI Department of Labor and Training, Labor Standards Unit by downloading and mailing the Nonpayment of Wages Complaint Form from https://dlt.ri.gov/regulation-and-safety/labor-standards/wage-complaints, or emailing it to DLT.LaborStandards@DLT.RI.Gov (phone: (401) 462-8550). You may also file with the U.S. DOL Wage and Hour Division at 1-866-487-9243. The state statute of limitations is 3 years under R.I. Gen. Laws § 28-14-19.2.
Can my employer fire me for refusing overtime in Rhode Island?
For most workers, yes. Rhode Island is an at-will employment state, and employers may generally discipline or terminate employees who refuse mandatory overtime. However, employers cannot retaliate against employees who file overtime wage complaints (29 U.S.C. § 215(a)(3); R.I. Gen. Laws §§ 28-50-1 et seq.). Hourly nurses and certified nurse assistants in hospitals have explicit statutory protection against retaliation for refusing mandatory overtime under R.I. Gen. Laws § 23-17.20-5.
Can my employer give comp time instead of overtime pay?
Under the FLSA, private-sector employers in Rhode Island cannot offer comp time in lieu of overtime pay. Public-sector (state and local government) employers may offer compensatory time at 1.5 hours per overtime hour, up to 240 hours (or 480 hours for public safety and emergency employees), provided a prior agreement exists under 29 U.S.C. § 207(o).
Does working on weekends count as overtime in Rhode Island?
Working on weekends does not automatically constitute overtime. Overtime depends on total hours worked in the workweek exceeding 40, regardless of which days those hours occurred. However, Rhode Island separately requires premium pay at 1.5 times the regular rate for most employees who work on Sundays under R.I. Gen. Laws § 5-23-2 — even when the employee has not exceeded 40 hours that week. This is distinct from overtime pay.
What happens if my employer doesn’t pay overtime?
Employees may recover unpaid overtime wages and liquidated damages under the FLSA (29 U.S.C. § 216(b)). Under Rhode Island law, employees may recover up to two times unpaid wages plus litigation costs (R.I. Gen. Laws § 28-14-19.2). The Rhode Island statute of limitations is three years from the date of the violation.
What is the statute of limitations for overtime claims in Rhode Island?
Under Rhode Island state law: 3 years from the date of the violation (R.I. Gen. Laws § 28-14-19.2). Under the FLSA: 2 years from the violation (3 years if the violation is willful). Employees may pursue whichever deadline is longer based on the law under which they file.
How does Rhode Island’s Sunday premium pay interact with overtime?
For non-retail employers, Sunday/holiday premium pay and weekly overtime are calculated separately. An employee who works on Sunday and also exceeds 40 hours in the week receives both premiums independently — this is sometimes called “pyramiding.” For retail employers, Sunday/holiday hours are excluded from the weekly overtime calculation, so the two premiums do not stack.
I’m a nurse — can my hospital require me to work extra hours?
No, with limited exceptions. Rhode Island law prohibits mandatory overtime for hourly nurses and certified nurse assistants in all hospitals (public, private, and state) under R.I. Gen. Laws §§ 23-17.20-1 et seq. Hospitals may not require you to work beyond your agreed-upon shift of 8, 10, or 12 hours. Shifts may never exceed 12 consecutive hours. You cannot be disciplined or fired for refusing mandatory overtime. An exception exists only for genuine unforeseeable emergencies — not routine understaffing.
Sources and Verification
Primary Sources
- R.I. Gen. Laws § 28-12-4.1 (Overtime Pay) — https://webserver.rilegislature.gov/Statutes/TITLE28/28-12/28-12-4.1.htm
- R.I. Gen. Laws § 28-12-4.3 (Overtime Exemptions) — https://webserver.rilegislature.gov/Statutes/TITLE28/28-12/28-12-4.3.htm
- R.I. Gen. Laws § 28-12-3 (Minimum Wage) — https://webserver.rilegislature.gov/Statutes/TITLE28/28-12/28-12-3.HTM
- R.I. Gen. Laws § 5-23-2 (Sunday and Holiday Premium Pay) — https://webserver.rilegislature.gov/Statutes/TITLE5/5-23/5-23-2.htm
- R.I. Gen. Laws §§ 23-17.20-1 et seq. (Mandatory Overtime — Healthcare) — https://webserver.rilegislature.gov/Statutes/TITLE23/23-17.20/INDEX.htm
- R.I. Gen. Laws § 28-14-19.2 (Wage Recovery, Penalties, Statute of Limitations) — https://webserver.rilegislature.gov/Statutes/TITLE28/28-14/28-14-19.2.htm
- R.I. Gen. Laws §§ 28-50-1 et seq. (Whistleblowers’ Protection Act) — https://webserver.rilegislature.gov/Statutes/TITLE28/28-50/INDEX.htm
- Rhode Island DLT, Labor Standards FAQ — https://dlt.ri.gov/regulation-and-safety/labor-standards/labor-standards-faq
- Rhode Island DLT, Wage Complaints — https://dlt.ri.gov/regulation-and-safety/labor-standards/wage-complaints
- Rhode Island DLT, A Guide to Wage and Workplace Laws in Rhode Island — https://dlt.ri.gov/sites/g/files/xkgbur571/files/documents/pdf/ls/WageHourBook.pdf
- 260-RICR-30-05-4 (Healthcare Mandatory Overtime Regulation) — https://rules.sos.ri.gov/regulations/Part/260-30-05-4
- Rhode Island Division of Taxation, Tax Advisory ADV-2025-20 (October 2, 2025) — https://tax.ri.gov
- 2026 Rhode Island Employer’s Income Tax Withholding Tables — https://tax.ri.gov/sites/g/files/xkgbur541/files/2025-11/2026%20Withholding%20Tax%20Booklet_d.pdf
- U.S. Department of Labor, Wage and Hour Division — https://www.dol.gov/agencies/whd/overtime
- Fair Labor Standards Act — 29 U.S.C. § 201–219
- 29 C.F.R. Part 541 (Overtime Exemptions)
- IRS FAQs on Qualified Overtime Compensation Deduction — https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
- IRS Notice 2025-69 (Individual Calculation Guidance for Overtime Deduction)
- IRS Notice 2025-62 (Employer Reporting Transition Relief for 2025)
- Schedule 1-A, Form 1040 (Claiming the Overtime Deduction)