 |
Students GuideWhat is the minimum wage? - Tthe minimum wage in Rhode Island for all workers 16 years of age and older is $7.10/hour. If you work in a job where you receive tips, the minimum wage is $2.89 / hour; however, your income including tips must equal at least $7.10/hour In some cases you may be paid less than the minimum wage, including: • full-time students under 19 years old, working in non-profit, religious, educational, library or community service organizations • 14 and 15 year olds who work 24 hours per week or less. To determine your proper wage or for questions, call the RI Department of Labor & Training (RIDLT) at 462-8550.
When should I be paid overtime? - You should be paid time and one half (1 1/2 times your hourly rate) for: • all hours worked in excess of 40 hours in a week • all hours worked on a Sunday • all hours worked on legal holidays. Note: Certain workplaces, such as restaurants and nursing homes, are exempt from paying time and one half for Sundays and holidays. Questions? Call RIDLT at 462-8550.
What Hours Can I Work? 14 and 15 year olds: RI Law (applies to all RI workers): When school is in session, 14 and 15 year olds cannot work before 6 a.m. or after 7 p.m. During school vacations, they can work until 9 p.m. Total hours worked cannot exceed 8 hours a day or 40 hours a week. Questions? Call RIDLT at 462-8550.
Federal Law (covers most RI workers): If there is a conflict with state law, the stricter standard applies: 14 and 15 year olds cannot work before 7 a.m. or after 7 p.m., except from June 1 to Labor Day, when they can work until 9 p.m. They cannot work more than 3 hours a day on school days or more than 18 hours a week on school weeks. 14 and 15 year olds cannot work more than 8 hours on non-school days or 40 hours on non-school weeks. Questions? Call USDOL at 528-4431.
16 and 17 yearolds: 16 and 17 year-old students cannot work between the hours of 11:30 p.m. and 6 a.m. when the next day is a school day. When there is no school scheduled for the next day, 16 and 17 year-old students can work until 1:30 a.m. There is no curfew for non-students. Total hours worked cannot exceed 9 hours a day or 48 hours a week when school is in session. Questions? Call RIDLT at 462-8550.
What if I get hurt at work? If you are injured or made ill at work, the employer's Workers' Compensation insurance will pay for all related medical expenses. Workers' Compensation insurance may also pay you part of your lost wages if you are out of work for more than three consecutive days, regardless of whether the injury was your fault. If you get hurt or sick at work, notify your employer and your doctor immediately. Questions? Call the Workers' Compensation Education Unit at 462-8100, Press 1.
What if I lose my job? Employment-at-Will: Unless you belong to a union, work for any branch of the government, or are the subject of discrimination, you probably have no way to contest your termination. Many workers join unions to protect themselves against the employer's right to fire "at-will." Questions? Call the Institute for Labor Studies at 463-9900. Protected Concerted Activity: When two or more workers take collective action to attempt to improve their wages, benefits, or working conditions, they cannot be fired or otherwise disciplined for such actions. Questions? Call the National Labor Relations Board (NLRB) at 866-667-6572. Discrimination: It is illegal for employees to be fired, denied employment, or otherwise discriminated against because of their race, color, religion, sex, age (40 and over), national origin, disability (physical or mental), gender identity or sexual orientation. Questions? Call the Commission for Human Rights (CHR) at 222-2661. Unemployment: Full-time students cannot collect unemployment compensation. However, if you are laid off or fired without just cause when school is not in session, you may be able to collect unemployment benefits, provided you have earned enough money to be eligible. Questions? Call the RIDLT at 243-9100. What if I'm sick and can't work? If you are out of work for more than a week due to illness or injury (not job-related), you may be eligible to collect Temporary Disability Insurance (TDI), provided you have earned enough money to qualify. Questions? Call TDI at 462-8420. There is no legal requirement that your employer pay you when you are sick. What can I do about poor or unsafe working conditions? You have a right to file a complaint with OSHA about unsafe or unhealthy working conditions, and to have that complaint investigated. Your employer must provide a workplace free from recognized hazards and must inform you about hazards that may exist at the work site. Questions? Call OSHA at 528-4669, RIDLT at 462-8557, or RICOSH at 751-2015. Many hazardous occupations are prohibited for 16 and 17 year olds. Greater restrictions apply to 14 and 15 year olds. Questions? Call US Department of Labor (USDOL) at 528-4431 or RIDLT at 462-8557. Other than health and safety, there are very few laws that pertain to working conditions. Many workers join unions to attempt to improve the conditions at their workplace. Questions? Call RI AFL-CIO at 751-7100. Other important workplace laws • If you are under 18 years of age, you must have a work permit from your school department in order to be employed. (RIDLT 462-8550) • If you are scheduled or requested to report to work, you must be paid for at least three hours. (RIDLT 462-8550) • You must be paid for all hours worked, even if you are required to work before or after your scheduled hours. (RIDLT 462-8550) • You cannot be required to work on a Sunday or legal holiday. Note: Certain employers, such as restaurants and health facilities, are exempt from this law. (RIDLT 462-8550) • Sexual harassment (unwanted verbal, non- verbal or physical conduct of a sexual nature) is illegal. (CHR 222-2661) • You have a right to join a union. (NLRB 866-667-6572) • If you are represented by a union, you have a right to get a copy of the union contract and file a grievance. (NLRB 866-667-6572) • If a minor is injured while working in violation of any child labor laws, he/she may be awarded triple Workers' Compensa tion benefits. (WC 462-8100, Press 1) • Civil penalties for violations of Federal child labor provisions may be assessed for as much as $10,000 for each violation. (USDOL 528-4431) • You cannot be fired, threatened, or otherwise retaliated against for reporting a violation of any law to a government agency. (Enforcement of this right requires private legal action.) Child Labor - Then and Now We've all heard the horror stories of child labor in the 19th century-young children working 14-hour days, six days a week, risking life and limb in the mines and mills. Today's workers appear to have little in common with those young workers of the past. Yet, nearly three-quarters of today's high school students hold a part-time or full-time job. Many educators complain that students are sacrificing their schoolwork in the interest of pursuing after-school employment. And, not surprisingly, child labor violations have increased dramatically. How can I enforce my rights? Most government agencies have very few inspectors on staff to police thousands of workplaces. The only way they are likely to hear about labor law violations at your workplace is if you call them. In some cases, you can call anonymously or a parent or union representative can file a complaint on your behalf. In nearly all cases, you cannot be fired for filing a complaint with a government agency.
This brochure answers common questions about workplace law in Rhode Island. It is not a complete description of the law. Note: All laws are subject to change, interpretation and may have exceptions. Therefore, the Institute for Labor Studies and Research does not guarantee the accuracy of any laws listed within. We strongly urge you to call the appropriate agencies listed at the end of each section or an attorney to check and see how or whether the law applies to your exact situation. The agencies listed below can provide you with more information about your rights on the job. RI Department of Labor & Training (RIDLT) www.dlt.state.ri.us Labor Standards 462-8550 Employment & Training 222-3724 Occupational Safety 462-8557 State Labor Relations Board 462-8830 Workers' Comp. Education Unit (WC) 462-8100, Press 1 US Department of Labor (USDOL) www.dol.gov Wage and Hour Division 528-4431 Commission for Human Rights (CHR) 222-2661 National Labor Relations Board (NLRB) www.nlrb.gov 866-667-6572 Temporary Disability Insurance (TDI) 462-8420 Occupational Safety and Health Administration (OSHA) www.osha.gov 528-4669 RI Committee on Occupational Safety and Health (RICOSH) 751-2015 Rhode Island AFL-CIO 751-7100 Institute for Labor Studies & Research 463-9900
Workplace Rights Child labor laws, like all workplace laws, were created to prevent the exploitation of workers. Labor laws protect workers from being underpaid, prevent discrimination, ensure a safe work environment, and provide economic security against illness or injury on or off the job. For most teenagers, an after-school or summer job offers a chance to help out at home or to earn a few bucks to get a car, buy some clothes, or save for college. But even if you don't plan to stay at your present job for long, it makes sense to know your rights.
Workers' Rights Hotline The organizations listed below can assist you with workplace rights and immigration laws, expressed in the following languages: English: Institute for Labor Studies 463-9900 Spanish & Portuguese: Progreso Latino 728-5920 Hmong, Lao, Xhmer, Vietnamese: Soda-Economic Development Center for Southeast Asians 941-8422 Hmong United Association 455-0847 Multi-Lingual: International Institute784-8634
For further information or additional copies of this brochure, contact the Institute for Labor Studies and Research TEL 401/463-9900 FAX 401/463-8190 www.rilaborinstitute.org
|
