Free Rhode Island Labor and Employment FAQs | Free Rhode Island Labor and Employment Legal Documents

Am I Eligible For Ui?

Tue, 29 May 2007 21:19:00 GMT

To qualify for Unemployment Insurance, you must meet certain earnings requirements. While these requirements are explained to you in detail, please do not use this information to try to determine your own eligibility. If you are laid off, we strongly urge you to apply for benefits. We will determine whether you qualify based on all the facts relating to your claim and notify you as quickly as possible. You must be unemployed through no fault of your own. You must be able to work, available for work, and searching for work. You must always be willing to accept a suitable job while you are claiming benefits.

Can I Collect Ui If I Work For The School Department?

Tue, 29 May 2007 21:19:00 GMT

Benefits are not payable to an employee of a public or a nonprofit school or to an Educational Service Agency employee who performs services in a school, if such employee has a reasonable assurance of returning to work after a betweenterms period, holiday or recess period.

Can I Collect Ui If Receiving Pensions Or Owe Child Support?

Tue, 29 May 2007 21:19:00 GMT

Any pension that you are receiving from a base period employer may be deducted from your benefit rate. If you owe child support payments, a deduction may be made from your benefit check and sent to the Bureau of Family Support.

How Am I To Be Paid, And How Is A Payday Established?

Tue, 29 May 2007 21:19:00 GMT

Every employer must establish a regular payday on which wages shall be paid in full in lawful money of the United States, or checks on banks convertible into cash on demand. Every payday shall fall within nine (9) days of the end of a payroll period. Every employee shall be notified in writing or by posted notice that may be readily seen, of a change in the scheduled payday at least three (3) paydays in advance of a scheduled change.

How Is Overtime To Be Paid? What Are The Exceptions?

Tue, 29 May 2007 21:19:00 GMT

Hours worked in excess of 40 per week are to be paid at time and one half the worker's regular rate of pay. Any employee of a summer camp open no more than six months of the year, police officers, firefighters and rescue service personnel employed by the cities and towns, employees of the state of political subdivision of the state who elect through collective bargaining or other agreement or understanding to receive compensatory time off equal to one and onehalf times the hours worked over 40, employees employed in a bona fide executive, administrative or professional capacity as defined by the Fair Labor Standards Act receiving a salary of at least $200 per week (the salary divided by the number of hours worked must not violate the applicable minimum wage), salaried employee of a nonprofit national voluntary health agency who may elect compensatory time off for the hours worked in excess of 40, employees including drivers, driver's helpers, mechanics and loader of any motor carrier, including private carriers, with respect to whom the U.S. Secretary of Transportation has power to establish qualifications and maximum hours of service, employee employed as a salesperson or partsperson or mechanic primarily engaged in the sale and/or servicing of automobiles, trucks or farm implements and is employed by a nonmanufacturing employer primarily engaged in the business of selling vehicles or farm implements provided that the earnings exceed an amount equal to the employee's basis contractual hourly rate of pay times the number of hours actually worked plus the employee's basic contractual hourly rate of pay times onehalf the number of hours actually worked in excess of 40 hours per week.

How Long Can I Collect?

Tue, 29 May 2007 21:19:00 GMT

The duration of your claim is equal to 36% of your total base period wages divided by your basic weekly benefit rate (not including dependent's allowance). The most you are allowed to collect is an amount equal to 26 full weeks. You may claim these weeks any time you are unemployed during your benefit year.

How Much Will I Receive For Dependency Allowance?

Tue, 29 May 2007 21:19:00 GMT

If you have dependent children under 18 years of age you may be entitled to a dependency allowance. Handicapped children over 18 may also qualify for the allowance. The dependency allowance is limited to 5 dependents and is equal to 5% of your weekly benefit rate for each dependent. There is a $10 minimum per dependent. The dependency allowance established at the start of your benefit year remains the same even if the number of children should change during the year. (If 2 or more parties make claim for the same dependent for the same week, the person who has physical custody receives the allowance.)

How Much Will I Receive?

Tue, 29 May 2007 21:19:00 GMT

Your weekly benefit rate will be equal to 4.62% of the wages paid to you in the highest quarter of your Base Period. By law, a maximum weekly benefit rate is determined annually. It is equal to 67% of the average weekly wage of all workers covered by the Employment Security Act. Your weekly benefit rate remains the same throughout your benefit year. Our current minimum ($56.00) and maximum ($427.00) benefit rate does not include dependency allowance.

I Was Promised A Bonus From My Employer, But He Has Not Paid It Yet. Can You Help Me?

Tue, 29 May 2007 21:19:00 GMT

No. The payment of any bonus in addition to the payment of wages will not be subject to the provision of this chapter.

I Was Terminated From My Job And Feel It Was Unjust. What Can You Do For Me?

Mon, 04 Jun 2007 21:51:22 GMT

The Division of Labor Standards may take claims for unjust terminations when an employee is taking advantage of the RI Parental and Family Medical Act and the Whistleblowers Act. If the former employee feels he/she is the victim of discrimination, they are encouraged to contact the RI Commission for Human Rights at (401) 2222661.

I Work For A Manufacturer On Sundays, How Should I Be Paid? Exemptions?

Tue, 29 May 2007 21:19:00 GMT

Hourlypaid employees must receive time and one half the normal hourly rate of pay. Exceptions include employees working in agriculture or maritime trades, physicians, dentist, attorney or accounts, health care or maintenance (hospitals, nursing homes, etc), restaurants, hotels, motels, summer camps, resorts or other recreational facility (except health clubs), salaried employees in a bona fide executive, professional or administrative capacity, telephonic delivery of customer service, sales operations and ancillary services related thereto except for employment in the telecommunications industry which are part of any collective bargaining agreement or employment contract.

I Work On A Cash Register And At Times The Drawer Is Short. Can The Employer Deduct The Shortage From My Pay?

Tue, 29 May 2007 21:19:00 GMT

An employer may not deduct for shortages, damages, rent, uniforms, or any other reason (except applicable taxes). An employer may make a deduction for loan or advance against future earnings if evidenced by a statement in writing signed by the employee with the amount to be deducted each pay period. The statement may read "balance due upon separation".

If I Am Paid Hourly, Should I Be Paid Weekly?

Tue, 29 May 2007 21:19:00 GMT

Yes. Exemptions are employees of the state and its political subdivisions and of religious, literary or charitable corporations shall be paid weekly all due wages from his/her employers (except those employees who's compensation is fixed at a biweekly, semimonthly, monthly or yearly rate) The latter being employees paid a salary.

If I File Another Claim, Do I Have To Serve Another Waiting Period?

Tue, 29 May 2007 21:19:00 GMT

You must serve a Waiting Period only once during each Benefit Year.

If I Work More Than 40 Hours In A Week And 8 Hours On A Holiday, How Am I To Be Paid?

Mon, 04 Jun 2007 21:51:22 GMT

If you work in nonretail, the hours in excess of forty are to be paid at time and one half, the holiday is to be paid at time and one half and the remainder is to be paid straight time. Example: Total hours 60 and eight of these hours were worked on a holiday. Extract the overtime hours from the total = 20, these hours are to be paid at time and one half. Extract the eight from the remaining forty = 32. Eight hours are to be paid at time and one half premium pay for working the holiday and 32 hours are straight time. If you work in retail, the holiday hours are extracted first and paid at time and one half. If there are hours over 40 in the balance, these hours are to be paid at time and one half also. Example: Same as above, extract the holiday hours from the total hours and the balance is 52. The eight hours are to be paid at time and one half premium pay. Because there are hours in excess of forty in the balance, these 12 hours must be paid at time and one half for the overtime. The balance of 40 is paid at straight time. The city/town councils shall grant licenses for the sale by retail establishment at any places in that town or city designated in those licenses on Sundays.

Is It A Law That I Should Be Receiving A Pay Stub?

Mon, 04 Jun 2007 21:51:22 GMT

On every regular payday, the employer shall furnish to any employee a statement of the hours worked during the applicable pay period, a record of all deductions made from that employee's gross earnings with an explanation of the basis or reason for such deductions.

What Are The Earning Requirements For Ui Benefits?

Tue, 29 May 2007 21:19:00 GMT

To be eligible for UI benefits, you must have been paid at least $7,380 in either your Base Period or an Alternate Base Period (both are explained in the following sections). If you did not earn this amount, you may be eligible if you meet all of the following conditions:

You were paid at least $1230 in one of your Base Period quarters, and
You were paid total Base Period wages of at least one and onehalf times your highest single quarter earnings, and
You were paid total Base Period wages of at least $2460.

Also, if you have had a previous claim, you must have worked again since filing that claim and must have been paid wages of at least eighty times the R.I. minimum hourly wage of $6.15, or $492.

What Are The Legal Holidays?

Tue, 29 May 2007 21:19:00 GMT

January 1, New Year's Day*
Columbus Day, Second Monday in October
Memorial Day, Last Monday in May
Veterans' Day, November 11*
Independence Day, July 4*
Thanksgiving Day, Fourth Thursday in November
Victory Day, Second Monday in August
Christmas Day, December 25*
Labor Day, First Monday in September

* If a holiday falls on a Sunday, the day following is observed as the legal holiday

What Hours Can 14-15 Year Old Minors Work And How Many Hours?

Tue, 29 May 2007 21:19:00 GMT

Not before 6:00 a.m. or later than 7:00 p.m. (except 9:00 p.m. during school vacations). Federal Law is not before 7:00 a.m. or later than 7:00 p.m. (except 9:00 p.m. from June 1 through Labor Day). Maximum hours in Rhode Island is 8 hours per day, 40 hours per week. Federal is 3 hours per day (school day), 8 hours nonschool day, 18 hours per week (school week) and 40 hours nonschool week.

What Hours Can 16-17 Year Old Minors Work And How Many Hours?

Tue, 29 May 2007 21:19:00 GMT

Not before 6:00 a.m. or later than 11:30 p.m. (if no classes are scheduled on the following day, minor may be employed until 1:30 a.m.) If minor is not a student, there is no curfew. Maximum hours in RI is 9 hours per day (9 3/5 hours per day in a 5day work week), 48 hours per week.

What Information Will I Need To File An Unemployment Claim?

Tue, 29 May 2007 21:19:00 GMT

When you call to file an unemployment insurance claim you will need to provide your social security number and the full name, address and telephone number of all employers you have worked for in the last two years. If you are not a United States citizen, you must provide your alien registration number.

What Is An Alternate Base Period?

Tue, 29 May 2007 21:19:00 GMT

If you submit a new claim starting on or after October 4, 1992, and you do not meet the minimum earnings requirements in the regular Base Period, we will recompute your claim using an Alternate Base Period. This period consists of the last four completed calendar quarters before the starting date of your claim. While you must still meet the same overall earnings requirements, the Alternate Base Period will allow some of your more recent wages to be counted towards establishing your claim.

What Is The Base Period?

Tue, 29 May 2007 21:19:00 GMT

sufficient wages to be eligible. Normally, your Base Period consists of the first four of the last five completed calendar quarters before the starting date of your new claim. The calendar quarters are: January 1 through March 31; April 1 through June 30; July 1 through September 30; October 1 through December 31. If wages from one of these quarters had to be used to establish a previous claim using the alternate Base Period (explained in the next Section), that quarter's wages cannot be used again to compute your current claim.

What Is The Minimum Wage For Wait Staff?

Tue, 29 May 2007 21:19:00 GMT

Wait staff must be paid at least $2.89 per hour and the amount of tips received must bring this amount to $6.15 for all hours worked.

What Is The Minimum Wage? What Are The Exceptions?

Tue, 29 May 2007 21:19:00 GMT

As of September 1, 2000, the minimum wage is $6.15 per hour. Exemptions include Minors, 1415 years of age working 24 hours or less. They may be paid 75% of the minimum wage = $4.61 per hour. If a minor works in excess of 24 hours, all hours must be paid at the minimum wage. Other exemptions: Individuals working in or about a private home, traveling salespersons or outside salespersons, individuals employment by his/her son, daughter, spouse and services performed by a child under the age of 21 in the employ of his/her mother or father, persons employed between May 1 and October 1 in a resort establishment which regularly serves meals to the general public and which is open for business not more than six months a year, persons employed by an organized camp which does not operate for more than seven months in any calendar year.

What Is The Parental And Family Leave Act?

Tue, 29 May 2007 21:19:00 GMT

The R.I. Parental and Family Medical Leave Act is thirteen consecutive weeks of unpaid leave for the birth of a child, placement of an adopted child sixteen years or age of younger, or a serious illness or injury, impairment or condition that involves inpatient care in a hospital, nursing home or hospice; or outpatient care requiring continuing treatment or supervision by a health care provider. Family member means parent, spouse, child, motherinlaw, fatherinlaw, or the employee him or herself. Requirement: Must have been employed for 12 consecutive months, gives employer written 30 days notice (unless prevented by medical emergency), company must employ 50 or more employees. Prior to commencement of parental or family leave, the employee shall pay to the employer a sum equal to the premium required to maintain the employee's health benefits in force during the period of leave. The employer shall return such payment to the employee within ten (10) days following the employee's return to employment. Upon expiration of such leave, the employee is entitled to be restored by the employer to the position held when the leave commenced or to a position with equivalent seniority, status, employment benefits, pay and other terms and conditions of employment.

What Is The Vacation Law?

Tue, 29 May 2007 21:19:00 GMT

Whenever an employee is separated from the payroll of an employer, after completing at least one (1) years of service, any vacation pay accrued by collective bargaining, company policy or other agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.

What It The Law Regarding Lunches And Breaks?

Thu, 15 May 2008 05:24:09 GMT

A twenty minute meal period must be given to employees working in a workshop, mechanical, manufacturing or mercantile establishment after six hours of work. These four industries are the only ones addressed in this law. Breaks are up to the discretion of the employer.

What Kind Of Work Can A 14-15 Year Old Do? What Kind Of Work Can They Not Do?

Tue, 29 May 2007 21:19:00 GMT

Permitted but not limited to: Office and clerical (including office machines), cashier, bagger, price marking, landscaping (no powerdriven machines), cleaning, waiting tables, bussing tables, dishwashing. Not permitted but not limited to: Manufacturing, mining, processing food or materials, laundry (washers/dryers), warehouse, construction, freezers, meat coolers, loading and unloading from trucks, railroad cars or conveyors, jewelry processing (by hand, or machine), bakeries (except strictly counter help).

What Types Of Records Of Hours Must Be Kept And Who Is Exempt?

Tue, 29 May 2007 21:19:00 GMT

An employer must keep an accurate daily and weekly (time in and out) record for all employees. No one, including employees paid on a salary basis, is exempt form this law. These records, along with payroll records, must be kept for at least three years.

When And How Can I Apply For Ui Benefits?

Tue, 29 May 2007 21:19:00 GMT

To file a claim for Unemployment Insurance, you should call the Call Center at the numbers listed below to file your claim.

Claims Intake and General Claims Information (401) 2439100
Employer Inquiries (401) 2439137
Workshare (401) 2439177
Interstate If calling from out of state, Interstate Claims (401) 2439146 (866) 5570001
TDD (401) 2439149

If you become unemployed, your claim should be filed within seven (7) days of your last day of employment to avoid jeopardizing or delaying your first payment. Usually, the Call Center is less busy later in the week.

When Does My Claim Begin?

Tue, 29 May 2007 21:19:00 GMT

Your claim will start with the Sunday of the week in which you first file your claim if you are totally unemployed or employed part time and earn less than your benefit rate. This begins your Benefit Year. The Benefit Year is a 52 week period. In instances when a subsequent claim would cause base periods to overlap, the benefit year is 53 weeks. Any additional claims (refiles) you submit during this period will have the same Benefit Year.

When Will I Receive My First Check?

Tue, 29 May 2007 21:19:00 GMT

Most eligible customers get their first check during their third week of unemployment.

Who Can I Call If I Have Questions About My Claim?

Tue, 29 May 2007 21:19:00 GMT

Should you find it necessary to inquire about your claim, call the main Call Center number at 401 2439100.

Why Didn't I Receive A Check For The First Week I Was On Ui?

Tue, 29 May 2007 21:19:00 GMT

You must serve a Waiting Period at the start of your new claim. The 7 day period is a Sunday through Saturday in which you are:

totally unemployed or
you work a partial week and your earnings are less than your Benefit Rate. In either case you would be entitled to a Waiting Period for that week.

Why Is My Ui Check Less Than My Full Benefit Amount?

Mon, 04 Jun 2007 21:51:22 GMT

IF YOU WORK PART OF A WEEK: You must report all wages earned for any week in which you claim benefits. If you worked less than full time and your gross wages are less than your weekly benefit rate, you should qualify for a partial benefit payment as well as a partial earnings incentive. LAG BENEFITS: If you return to work in the middle of a work week, you may also be paid a lag payment. The lag payment would be 1/5th of your benefit rate for each work day preceding your return to work date.

Why Would I Be Denied Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may be denied benefits if you become unemployed for reasons other than lack of work. If you quit your job without good cause, you will be denied benefits until you work at least eight weeks and earn at least $123 in each week. If you are fired for proved misconduct connected with your job, you will be denied benefits until you work at least eight weeks and earn at least $123 in each week. If you refuse a suitable job offer, you will be denied benefits until you work at least eight weeks and earn at least $123 in each week. If you become unemployed because of a labor dispute, you may be denied benefits. Whenever a question arises about your eligibility for benefits you will have an opportunity to present your side of the case. You may bring witnesses or someone to represent you. You should bring any documents or other evidence that will support your claim. You will receive a decision that will either approve your claim or tell you why, and for how long, you are denied benefits. You have the RIGHT TO APPEAL any decision with which you do not agree, by submitting a request in writing to the central Adjudication Unit at PO Box 20067, Cranston, RI 029200941 or by FAX at (401) 4628318. Your case will be assigned to a Referee (Hearing Officer) at the Board of Review who will schedule a hearing at which time you may state your argument in detail. The Board is an impartial authority not under the direction of the Department of Labor and Training.

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