Employment law is the umbrella term that refers to a broad range of legal issues associated with employees, employers, and the safety conditions in the workplace. Common employment laws cover employment discrimination, while others are utilized to provide guidance when creating company policies or employee handbooks. The overall intention of employment law is to protect all of those who are part of the workforce.
Labor laws fall under the umbrella of employment law and vary widely by jurisdiction. As such, the legal rights offered and protected by one state may not be available under the labor laws of another state. Additionally, some labor issues may be governed by both state and federal employment laws.
The United States Department of Labor (“DOL”) exists to ensure the fair treatment and wellbeing of employees and retirees. The DOL also assists individuals who are job searching, as well as helps employers find prospective employees.
As a regulatory department of the federal government, the DOL has the authority to create federal regulations as deemed necessary to create and enforce labor related laws and policies that have been enacted by Congress. Further, each state has its own departments of labor.
In the state of Rhode Island, the Department of Labor and Training, specifically the Labor Standards Unit is the department that is responsible for enforcing workplace laws in the state and ensuring that Rhode Island’s employees receive all of the wages that they have earned.
Specifically, the Labor Standards Unit is responsible for:
- Investigating wage complaints involving minimum wage, payment of wages, overtime pay, Sunday/holiday premium pay, and vacation pay upon termination;
- Investigating complaints related to child labor, parental and family medical leave, and industrial homework; and
- Ensuring the compliance of labor laws in the state of Rhode Island.
Specifically, the paycheck laws in Rhode Island are found under the wage and hour laws. For example, as of January 1, 2023, the minimum wage in Rhode Island is set at $13.00 per hour, and set to increase to $14 per hour on January 1, 2024, and $15.00 per hour on January 1, 2025. If an employer is found to be violating the state minimum wage laws, and shorting their employee on their paycheck, then that employee may lodge a complaint with the Labor Standards Unit of Rhode Island.
When Must Paychecks Be Sent Out in Rhode Island?
In the state of Rhode Island, most employers are required to pay Rhode Island employees every week. However, there are exceptions to that standard rule for state entities, as well as religious, literary, or charitable organizations. Further, there are other types of employers that may be granted exceptions to the standard requirement of weekly pay. For those employers granted the exception, they are still required to pay wages at least twice per month.
This means that regardless of the type of employment, an employer must pay a Rhode Island worker for wages earned within 9 days of the end of their payroll period. For example, if the pay period was from the first of January through the fourteenth of January, the employer would have until the twenty-third of January to pay their employees. It is important to note that payments can be delayed in certain extraordinary situations, such as severe storms. Payments may also be delayed due to a state recognized Holiday. (such as floods, severe storms, etc.) or if the 9th day lands on a holiday.
What Happens If You Are Fired?
If an individual is fired from their Rhode Island job, they are still entitled to be paid in full for all of the wages that they worked. Specifically, Rhode Island law states that whenever an employee is terminated, quits, resigns, or is laid off, the employer must pay that employee all wages owed by their next regular payday. Further, the paycheck must be made available at their usual place of payment.
For employees that were terminated as a result of the business being liquidated, merging with another business, or the business moving out of state, the employer must pay all wages within 24 hours of the time of separation of the employee and employer. The payment must also be made at the usual place of payment. This means that for a final paycheck in Rhode Island, the exact rules will depend on the manner in which the employee’s position with the company ended.
What Happens If My Paycheck Is Late?
If you are an employee of Rhode Island and believe that your employer did not pay you on time or failed to send you your final paycheck as required by law, then you should submit a wage complaint with the Rhode Island Department of labor and training.
Once again, an employee’s unpaid wages are due from their employer at the next regular payday and via their usual place of payment. If the employee and employer are not able to resolve the issues regarding the employee’s paycheck being late, then the employer has the legal right to initiate a civil lawsuit against the employer for improperly withheld paychecks.
Can Your Paycheck Be Garnished?
Under Rhode Island wage laws, Rhode Island employers may not set-off or garnish an employee’s wages for things such as:
- Money owed due to any alleged damages caused by the negligence of the employee;
- Money allegedly owed for rental of any equipment provided by the employer to the employee; or
- Any other money allegedly owed to the employer by the employee as a result of the employee’s employment.
For all of the above debts, the employer must take legal action through the court systems, and be awarded a court order before they can seek to garnish an employee’s wages. A court order or other official documentation is thus typically required for the garnishment of wages in connection of debts owed to third parties. For example, a common way in which an employer may have to deal with a garnishment of wages is when the employer receives a court order to garnish the wages as a result of child support owed or unpaid taxes.
Can You Recover a Withheld Paycheck in Rhode Island?
As mentioned above, yes an employee is legally entitled to receive compensation for all of their time worked. As such, Rhode Island law provides employees with specific protections against improperly withheld paychecks from their employees. The law allows an employee to submit a wage complaint with the Rhode Island Department of Labor and Training or initiate a private civil lawsuit against their employer to recover a withheld paycheck.
In either case, an attorney that is familiar with the paycheck laws of the state is typically beneficial in helping an employee recover any lost wages. This is especially true in cases in which the lost wages stem from unpaid vacation hours, holiday pay, or cases involving employees that have worked at a business for longer than a year’s time.
Further, in cases where an employee and employer executed an employment agreement, that contract may govern the payment of wages. As such, an attorney would be beneficial in reviewing that contract and assisting the employee in recovery of any withheld paychecks.
Where Can You Find the Right Lawyer?
As can be seen, the laws in Rhode Island provide many legal protections for Rhode Island employees concerning payment of their wages. As such, if you believe that your employer has violated Rhode Island paycheck laws, or has violated federal paycheck laws, it is important to consult with an experienced Rhode Island employment lawyer.
An experienced Rhode Island employment lawyer will be able to assist you in making your best legal case for recovering any lost wages, as well as holding your employer responsible for violating state laws. Additionally, an attorney will also be able to initiate a civil lawsuit, if necessary, and represent your interests in court.
