Wage theft is not unusual in Rhode Island. Rhode Island wage theft occurs when employers do not pay statutory minimum wages, overtime rates and other legal requirements as are stipulated under Rhode Island state labor legislation.
If you believe you have experienced wage theft while working in Rhode Island and have evidence that your employer has breached state labor laws, you may be able to file a claim against your employer. Your employer may be required to pay back pay and may face penalties if the wage theft complaint is upheld.
What Is Wage Theft?
Wage theft occurs when employers do not provide legal wage and employment provisions to their employees. The most common forms of Rhode Island wage theft include the following.
- The state minimum wage is $13 an hour, with certain exceptions.
- The overtime rate paid for all hours over 40 in any 7 day week is 50% more than the normal wage.
- Hours worked on Sunday and public holidays, with certain exceptions must be paid at 50% more than the normal wage.
- Hours worked each week must be recorded by the employer together with pay stubs issued showing how much was paid and why it was paid.
- Wages must be paid weekly, with some exceptions. Wages must be paid twice monthly at least for exceptions.
- When an employee leaves employment, he or she must be paid the final paycheck.
- Sick leave is an entitlement for most RI employees.
- Lunch breaks of 20 or 30 minutes must be provided, the minimum depending on weekly hours worked.
What Should I Do If I’ve Experienced Wage Theft in Rhode Island?
If you have clear evidence that you have experienced wage theft, you should first take your complaint to your HR department or its equivalent. Keep a record of any communication or correspondence between you and management about your complaint.
If you get no satisfactory response, you should file a wage theft claim with the Rhode Island Department of Labor and Training and consider working with a Rhode Island employment law attorney.
How Do I File a Rhode Island Wage Theft Claim?
You will need to file a wage theft claim with the RI Department of Labor and Training if you have experienced it. The Department has appropriate forms you can download or complete online which you can use to file your claim.
Once the Department has received a complaint of wage theft, then the complaint will be investigated. If wage theft, i.e. a breach of state wage and employment laws, is discovered, then the Department can impose penalties on the employer and order the employer to pay back pay and other compensation.
Further Reading: How To Report Wage Theft In Rhode Island
Get Help With Your Rhode Island Wage Theft Claim
Wage theft is not uncommon in Rhode Island. You have the right to file a claim of wage theft if you have evidence that you have experienced it. The Rhode Island Department of Labor and Training will investigate claims of wage theft.
