TITLE 28
Labor and Labor Relations

CHAPTER 28-12
Minimum Wages

SECTION 28-12-4.1


§ 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 (1 1/2) 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 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 (1 1/2) 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," 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 (1 1/2) 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 worked" shall include all paid leave.

History of Section.
(P.L. 1974, ch. 152, § 4; P.L. 1987, ch. 553, § 1; P.L. 2010, ch. 254, § 1; P.L. 2010, ch. 257, § 1; P.L. 2019, ch. 19, § 1; P.L. 2019, ch. 20, § 1.)