In Rhode Island, employers must comply with wage regulations. However, when an employer fails to do so, they could be violating workers’ rights. If you are experiencing unlawful wage practices at your workplace, taking legal action can help you obtain compensation for lost wages. The following paragraphs explain common wage and hour violations and what you can do about them.
1. Employee misclassification
Full-time employees and contractors have different rights and payment regulations. That is why an employee could intentionally misclassify a worker, leading to a violation of their rights. If you are hired as a contractor but perform employee duties, you could be facing misclassification. An independent contractor is a business owner who works in a project-based environment, usually with multiple clients.
Contrarily, an employee works for a business and has an ongoing relationship with their employer. They typically have one job, where tools and equipment are provided. Additionally, their employer assigns their tasks instead of choosing which projects they will work on.
Misclassifying an employee is illegal in Rhode Island and could entail penalties for the business owner. Sometimes, a business might decide to misclassify employees to obtain financial gain. In these situations, you can seek legal counseling and file a complaint.
2. Failure to pay wages on time
Usually, Rhode Island employers are required to pay wages every week. However, they can apply for an exception to pay bi-weekly. Additionally, specific industries might have different wage regulations, so it is best to check which law applies to your workplace.
If your employer fails to pay your wage on time, you might experience financial challenges. That is why it is crucial to act promptly. If you are experiencing unlawful practices at your workplace, talking to a lawyer can be helpful.
3. Refusal to pay overtime hours to eligible employees
Occasionally, your employer might demand that you work overtime, especially in busy seasons. However, you could be eligible for overtime pay, equivalent to one-and-a-half of your regular income. Therefore, you must check your eligibility if you work more than 40 hours a week.
The law contemplates exceptions to the rule. For example, employees who work at summer camps open for six weeks a year or less, police officers, and some government employees are not eligible for overtime pay. Still, you can file a complaint if your employer violates this or other wage regulations.