Am I entitled to back pay for Sunday work undertaken in Rhode Island?

February 3, 2008 7:59 PM

Am I entitled to back pay for a year of working Sundays in Rhode Island and not receiving time and a half wages?

I work in a small cafe in Rhode Island (there are six employees), and I have been working Sundays for about a year without ever receiving time and a half wages. I am pretty clueless as to the subtleties of RI labor law, and I only even heard about the time and a half statutes recently.

I've tried to decipher the RI labor laws posted on the web, but they're a little too gibberish for me. I believe that the relevant statutes can be found here . Can somebody tell me whether or not I have a case to demand back pay for the Sundays I've worked?

Some other info that may or may not be relevant:

The cafe is open seven days a week, from 7am to 11pm. Employees work on an ever-shifting schedule that changes from week to week. I have been scheduled on Sundays more often than not, but I do not work Sundays every week.

My employers have never given me a stated option not to work Sundays, or mentioned any regulations pertaining to working Sundays.

The owner of the business comes across as pretty shady (he is always dodging collectors who call the cafe during open hours. We are instructed always to say he is not in the building, regardless of whether he is or not). It wouldn't *shock* me if he were trying to save some money by evading the law.

All the same, I am aware that certain businesses are exempt, so I want to make sure I have a case before I bring it forward to the owners and risk termination. If I do have a case, any advice as to the best way to proceed would be much appreciated.

posted by anonymous to law & government (3 comments total)

This bit of Rhode Island law seems pretty clear that if you work for a restaurant, you are not an "employee" for purposes of employment law.
posted by saeculorum at 8:12 PM on February 3, 2008

It looks like restaurants are exempt from time and a half pay on Sundays. But if you aren't sure, call the Wage and Hours Division of the Department of Labor to check.
posted by cushie at 8:14 PM on February 3, 2008

No, you're not entitled to time and a half. Food service in RI is exempt.
posted by Ruki at 8:36 AM on February 4, 2008