Employment · Rhode Island

Can I sue for unpaid overtime in Rhode Island?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Rhode Island?

free route

The Labor Standards unit of the Department of Labor and Training investigates wage complaints and names overtime among them, alongside minimum wage, payment of wages, and Sunday and holiday premium pay.

source ↗Not yet checked against the statute.

Which court hears a case like this in Rhode Island?

which court

District court

source ↗Not yet checked against the statute.

How much can you sue for in Rhode Island small claims court?

small claims limit

$5,000

source ↗Not yet checked against the statute.

What else should you know in Rhode Island?

also

Rhode Island is one of the few states that requires time and a half for Sunday and holiday work in retail and certain other businesses, which is separate from overtime and can be owed in a week you never worked 40 hours.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Rhode Island. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy

unpaid overtime — state by state →other claims in this state →