Rhode Island Weekly Payment Requirement
An employer in Rhode Island is required to pay its employees weekly unless the employer falls into one of the limited exempt categories.
Limited Exempt CategoriesThe limited exempt categories include hourly employees of: 1. The state of Rhode Island and its political subdivisions (which includes municipalities) 2. Literary corporations 3. Religious corporations 4. Charitable corporations
Limited Exempt Categories (continued)5. Employers which fulfill all of the following requirements: a. Pay an average payroll exceeding 200% of Rhode Island minimum wage; b. Makes payment of wages regularly on a predetermined date no less than twice per month; and, c. If employees are subject to collective bargaining, employer must have obtained (and submitted to the appropriate state agency) written consent to the alternative payment method of the collective bargaining representative for all involved employees 6. Employers which submit to the appropriate state agency a written petition showing "good and sufficient reason" to pay less frequently than weekly, as long as they also: a. Provide the state agency with all of the following: i. How the wages shall be paid; ii. The requested frequency of payment (i.e. bi-weekly); iii. The employer's designated "payday(s)"; iv. The classification of the employees involved; v. The salary of the employees involved; vi. The employer's federal identification number; vii. Proof of a surety bond or "other sufficient demonstration of security" in the amount of the highest biweekly payroll exposure in the preceding year for employees subject to the petition to be exempt from paying weekly; and, viii. If employees are subject to collective bargaining, employer must have obtained (and submitted to the appropriate state agency) written consent to the alternative payment method of the collective bargaining representative for all involved employees b. Make payment of wages regularly on a predetermined date no less than twice per month; and c. Have no history of wage and hour violations
Private Right of ActionIf your employer fails to abide by the weekly pay requirement (and does not fall into one of the limited exempt categories), you have a private right of action against that employer to collect wages or benefits and for equitable relief, as well as counsel fees and costs.
Penalties for Non-CompliancePenalty for violations. - Any employer who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction of the misdemeanor the employer shall be punished by a fine of not less than four hundred dollars ($400) for each separate offense, or by imprisonment of up to one year, or by both fine and imprisonment. Each day of failure to pay wages due an employee at the time specified in this chapter shall constitute a separate and distinct violation.