Rhode Island Labor Board

August 7th, 2006 Posted by Kimberly

In Rhode Island we take care of our workers. That is what the job of the Rhode Island Labor Board is. We do all that we can to provide for every aspect of the employees rights, privileges and safety. This is lead by Adelita S. Orefice the director. Every aspect of worker and employer laws, wages and compensation goes through this board. It is important to realize just how helpful the Rhode Island Labor Board is to all of us as it can provide answers to all of our questions in regards to anything related to the workplace or employment.

In Rhode Island we have a fair wage which is currently at $6.75 per hour which is much higher than the national minimum wage standard of $5.15 per hour. This is in an effort to attract employees and to lower the unemployment rate in our state. Currently our unemployment rate stands at 5.5% which is high compared to the national average of 4.8%. We are at a standstill in our unemployment rate as of lately however we are doing many different things that we are doing to get this down. We have job placement and retraining tools that we are using in an effort to get the rate down as well.

The Rhode Island Labor Board is also doing everything it can as far as workplace safety is concerned as well. By teaching and training both employers and employees: what to do, and how best to do it. There is a strong emphasis on safety and promoting healthy work environments to help everyone in the long and short run. We want to be willing to go to work not be afraid of what is going to happen or break on us today and the Rhode Island Labor Board is doing everything it can to make sure that that happens.

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Posted in Compliance Issues, Employer Requirements, Labor Law Regulations, Rhode Island

  1. Posted by: karen grande

    What are the Rhode Island regulations for late paychecks? Ours is supposed to be sent out on the 28th and no one has received them as of december 8th.

  2. Posted by: Amelia

    Hi Karen! Rhode Island law requires that hourly workers be paid once per week. For other workers, the employer may establish a payday, but must pay workers on that payday. When the payday is changed, the employer must inform workers at least 3 days in advance.

    Read more here: http://www.dlt.ri.gov/ls/faqs.htm#If%20I%20am%20paid%20hourly,%20should%20I%20be%20paid%20weekly?

    You can and probably should file a wage claim with the Rhode Island Department of Labor & Training for the wages you are due.

    When an employer is not paying workers on time, it usually means the employer is having severs financial problems. In some cases, if the company goes out of business, the workers may never be paid. This is an excellent time for you to start looking for another job. You can also post a a question on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  3. Posted by: karen grande

    I asked about the laws pertaining to late paychecks, but I didnt mention that I am paid on a 1099 basis or that the company is located out of state, although I work at [employer name deleted], a hospital in Rhode Island. Do these facts impact the legality of late paychecks? Karen

  4. Posted by: Amelia

    Hi Karen! Yes, that makes a huge, huge difference. When you are paid on a 1099, you are an independent contractor. You are not an employee, so none of the employment laws apply to you, in Rhode Island or anywhere else.

    A person who is paid on a 1099 is an independent contractor. Basically, you are running your own business and the “employer” is actually a client of your business. There are no laws that specifically cover when independent contractors must be paid. It could be a year or more. If the “client” has promised to pay you repeatedly and failed to do so, you can take the client to small claims court to collect. You don’t need a lawyer to go to small claims court.

    Independent contractors are also not entitled to unemployment, and have to pay self employment taxes, including paying all their own social security.

    If the employer controls when, where and how the work is performed, it is possible that you should be an employee, not an independent contractor. If you think that is true, contact the Rhode Island Department of Labor & Training, and they can address this issue for you. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Karen

    Hi! I am writing for my husband that was just suspended without pay for 3 days. He has worked for this company for 20 yrs. There is a new administrator, female, and he feels she just does not like him. Today, during lunch while he was eating with his workers, another person went to HR and filed a complaint that she felt uncomfortable because they were looking around and laughing. She did not hear what was being said, but she felt uncomfortable. My husband replied they were talking about a job, had nothing to do with that person, they were just trying to be quiet and not talk too loud. The administrator did not believe his story and just suspended him without pay, no verbal reprimand, no written reprimand, just suspended, because he is a supervisor and he should know better. In this day and age, who can afford a loss of 3 days pay just because someone else said they felt “uncomfortable”? Whats with that. Anyone could just go say anything and then my husband could be fired??? He has felt harassed by this administrator since she took over the position.

  6. Posted by: Amelia

    Hi Karen! We have sympathy for you in this situation. It does, indeed sound as if the administrator may be unfair.
    Presumably, the female employee complained that the men were making suggestive or sexual comments about her. Under these circumstances, a good manager would investigate the complaint by talking seperately with the female employee, your husband and the other male employees. Often, an employee is suspended with pay during this investigation. If, in fact, the employer finds that inappropriate remarks were made, then the employee might very well be suspended for 3 days without pay. Many employers take sexual harassment very seriously, and skip the verbal or written warnings.
    Often, with complaints of sexual harassment, it boils down to who the administrator believes. Apparently, she believed the female in this case.
    Another possiblity would be that the men were, in fact, making suggestive remarks about the female employee, and your husband just doesn’t want to admit it to you. If so, the administrator is right — even if he did not participate, he should have put a stop to it.
    One way for your husband to defuse this situation would be for the men to include any female employees in their conversations about other projects.
    It sounds like there is friction between your husband and the new administrator. For the sake of his job security, he needs to defuse this situation — perhaps by having a frank discussion with her about how she views his performance and what he can do better. We suspect that there is a “good-old-boys” clique at work, and that the new administrator does not approve of the way they treat the female employees, or of some of their behavior.
    The other possiblity is that the new administrator is illegally discriminating against your husband based on his sex. If he can objectively show that female employees in the same situation are treated differently, then he may have a discrimination case. He could file a complaint with the company’s HR department, or with the EEOC at eeoc.gov. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Karen

    Thanks for the answer Amelia,
    Unfortunately, there are few men that work in this building. Only my husband has been always made to feel very insecure about his job since she took over. The “good ole boys club” is the good ole gals club in this building and she is a part of this problem. She has also worked there for 12 years and was the assist. administrator and when the previous administrator had to step down due to his health, she just took over the position. There are no females in my husband’s department, just himself and 2 men. Her investigation consisted of a 2 hour interview with everyone in the lunch room. There were environmental staff present, 2 females and 1 male, and spoke with the 4 female CNA’s as well as 1 member of my husband’s dept. No other person, except the 4 CNA’s, knew what the administrator was talking about, they stated nothing happened and nothing was going on during lunch. There is only 1 staff person left to speak with which his 1 of my husband’s staff members. So, basically, it is 4 females against 5 males and 1 female. Oh. and the administrator. So, how does this read to you?

  8. Posted by: Amelia

    Hi Karen! Like we said, many sexual harassment situations come down to a “he said/she said” situation. Unfortunately, it is simply a matter of whom the administrator believes — and in this case it sounds like she believes the females. This is not an election where the majority rules. Even if the “victim” was the only person who “saw” this behavior, and there were no other witnesses, the administrator might choose to believe her.
    And, in the administrator’s defense, all 4 female CNAs seem to agree that inappropriate behavior took place (if we read your post correctly.) The other 5 employees are basically saying that they did not see anything, which is different from saying “I saw everything and nothing inappropriate happened.”
    If your husband can identify one or more situations where he is treated differently than a female employee in the same circumstances, that may well be illegal discrimination based on sex. He should file a complaint with the EEOC at http://www.eeoc.gov. Unfortunately, until it reaches that point, there is little that he can do. If the company has a separate HR department onsite or offsite, your husband should probably approach them about his concerns that he is being discriminated against based on sex. However, be aware that he will also be bringing his “inappropriate” conduct to their attention. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Laura G

    I was wondering if there is any law regarding reduction in pay? Does the Empoyer have to give you notice in writing?

  10. Posted by: Amelia

    Hi Laura! Not necessarily. The law requires the employer to inform an employee in advance that wages will be reduced. However, the law does not specifically require that the notification be in writing. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Laura G

    Amelia,
    So if the Manager says ” The owner wants to( would like to) lower your pay and have you lead a team” is that considered notice?
    Thank you,
    Laura

  12. Posted by: Mary

    Hello,

    Must employers provide work-breaks for full time employees? I’ve been told by a supervisor at work that my employer is not required to provide more than a half hour (unpaid) lunch. Can you tell me if this is true? Thanks.

  13. Posted by: Amelia

    Hi Mary! The information from your supervisor is correct. Under the Rhode Island meal break law, an employee must be given a 20 minute meal break on a 6-hour shift and a 30-minute meal break on an 8 hour shift. Both can be unpaid. (Different rules apply to employees under 18.) There is no requirement that employees be given additional rest breaks. OSHA standards require that employees be permitted to use the toilet when nature calls, but these breaks do not cover phone calls, smoking, drinking coffee, etc. — they only cover using the toilet. HTH, and thanks for reading the blogs!~ Amelia

  14. Posted by: Brittany

    Message
    HI
    I am a shift supervisor at a drug store in Rhode Island and I am paid hourly. When I started they told me if I was scheduled more than 6 hours I had to punch out and take a 1/2 hour break if there was another manager on. We have a new store manager and he changed my time card to reflect a break on three days last week. I worked 5 days last week 2 days I punched out for breaks because ther was coverage 3 days I did not take a break because I was the only manager on. When I confronted him about it he said that was the law and I had to punch out. I don’t think it’s fair for him to adjust my time card on the days when I didn’t take a break. He told me I have to punch out, can not leave the building because I have to be available seeing how I am the only manager on. While doing payroll on Sunday I noticed that the other hourly shift supervisor did not punch out for any breaks and was NOT docked for any breaks. Can they do this?
    Thanks , Brittany

  15. Posted by: Amelia

    Hi Brittany! You and the manager are both right. If you worked straight through without a break on 3 days last week, as an hourly employee you must be paid for all the hours you worked.

    However, under Rhode Island law, when you do not clock out for a meal break, the employer is in violation of the law. (Apparently your old manager didn’t care if the company broke the law.) The employer can require that any employee remain on the premises during his or her meal break. If you are interrupted during your break, you should be paid for the entire break.

    If the new manager is enforcing this policy with you, but not with other shift supervisors of a different sex, race, color, religion, etc. that may be illegal discrimination.

    The only thing that troubles us in your post is the word “confront.” It is not wise for an employee to confront a new manager. You need to be aware that he can and will change how things have been run in the past. Our suggestion is that you tactfully raise the issue with the manager. Let him or her know that you are happy to comply with the new break policy, but you think you should be paid for the hours you actually worked last week. Also, tactfully inquire about this policy applying to all shift supervisors. HTH, and thanks for reading the blogs!~ Amelia

  16. Posted by: Brittany

    Thanks for the quick response. As far as the word “confront” I did get defensive about someone altering my timecard. Now it shows that I did take a break an those 3 days and I don’t see how I will get paid for the hour and a half that I worked and was not paid for.
    Thanks,
    Brittany

  17. Posted by: Amelia

    Hi Brittany! Most computerized payroll systems keep a permanent record of who changed the timecards, when they were changed and what the original punches were. So your fears are probably baseless.

    We completely understand you being concerned about this, but our suggestion is that you handle it tactfully. All business communication should be tactful and respectful.

    This is probably simply a miscommunication. The new manager believes that every shift supervisor knows very well that they must take an unpaid 30-minute meal break on each shift. He probably thinks they are intentionally taking advantage of him because he is new. So the best way to handle this would be to tactfully explain how meal breaks were handled in the past, while letting him know that you will follow his policy from now on. You might approach this discussion as, “John I just wanted you to know that under the last manager…”

    Meanwhile, you should tactfully pursue the issue of being paid for the 1.5 hours when you worked through your breaks. You can discuss this with the new manager. If that doesn’t work, you can contact the HR department if there is one. If that doesn’t work, you can file a wage claim with the Rhode Island Department of Labor and Training. However, be aware that at that point the employer will almost have to write you up for not taking your meal breaks. So it is a question of which is more important to you. HTH, and thanks for reading the blogs!~ Amelia

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