StatutePayFirst punch → last punch

Rhode Island · Sunday / holiday 1.5× · R.I. Gen. Laws § 25-3-3 / § 5-23-2(d) / § 28-12-4.1(b) · 260-RICR-30-05-2 (17 Aug 2025)

Rhode Island Sunday is 1.5× on the hours before midnight — retail drops those hours out of weekly 40; non-retail does not stack the same hour twice.

R.I. Gen. Laws § 25-3-3 pays at least time-and-a-half for work performed on Sundays and holidays listed in § 25-3-1(5) (including Juneteenth). Retail, under § 5-23-2(d) and § 28-12-4.1(b), also gets a four-hour employment floor and those Sunday hours are excluded from weekly 40. Non-retail follows the DLT guide: extract weekly-40 OT first, then Sunday hours from the remaining 40. Unpaid lunch is not Sunday work. A 22:00–06:00 tour is two premium hours, not eight. Not § 28-12-3.2 reporting-time.

Read the statute: 1.5× on the calendar day, then retail vs non-retail weekly 40

Official bodies fetched for this page: § 25-3-3, § 25-3-1 (definitions / holidays), § 5-23-2, § 28-12-4.1, 260-RICR-30-05-2 (retail-business definition, effective 17 August 2025), the DLT Wage and Workplace Laws Guide (Dec 2024), and the DLT Labor Standards FAQ.

§ 25-3-3(a): “Work performed by employees on Sundays and holidays must be paid for at least one and one-half (1½) times the normal rate of pay for the work performed.” § 25-3-1(5) holidays: Sunday, New Year’s Day, Memorial Day, Juneteenth National Freedom Day, July 4th, Victory Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, and Christmas. Check the Sunday / legal holiday box on each calendar day that is one of those days. Day one of this workweek is labeled Sunday.

Retail § 5-23-2(d): employees engaged in work during Sundays or holidays “shall receive from their employer no less than time and a half for the work so performed and shall be guaranteed at least a minimum of four (4) hours employment.” § 28-12-4.1(b): in any workweek a retail-business employee is employed on a Sunday or holiday at 1½× “as provided in § 5-23-2, the hours worked on the Sunday or holiday, or both, shall be excluded from the calculation of overtime pay.” 260-RICR-30-05-2.3(C) defines retail business for that overtime calculation (goods or services sold directly to the general public; food for immediate consumption is excluded).

Non-retail DLT guide (FAQ, “If I work more than 40 hours in a week and 8 hours on a holiday”): extract the overtime hours from the total first; extract the holiday hours from the remaining 40. Example at 60 hours with 8 holiday: 20 weekly OT + 8 holiday 1.5× + 32 straight time. Retail on the same facts: extract the 8 holiday first, then weekly OT on the remaining 52 → 12 weekly OT + 8 holiday + 40 straight. Same hour is not 1.5× twice.

Unpaid lunch minutes come out of hours worked, then Sunday hours are the share of remaining time that fell before midnight on a marked day. Manufacturer § 25-3-3(c) (11:00 p.m.–midnight not premium) is a labeled toggle. Restaurant / hotel / healthcare / agriculture are carved out of chapter 25-3 by § 25-3-1(3) (toggle). Bakery/pharmacy § 5-23-2(e) time-and-a-half carve-out is out of scope.

Non-retail 60h with 8 holiday @ $20 → 32×$20 + 8×$30 + 20×$30 = $1,480
Retail 60h with 8 holiday @ $20 → 40×$20 + 8×$30 + 12×$30 = $1,400
Sunday 22:00–06:00 @ $20 → 2h at 1.5× + 6h regular = $180
Retail Sunday 1h @ $20 → 4h employment at 1.5× = $120 (not RI reporting-time $60)

In scope

  • Sunday and § 25-3-1(5) holidays at 1.5× the typed rate
  • Punch-in/out plus unpaid lunch to split overnight at midnight
  • Retail 4-hour employment floor and weekly-40 exclusion
  • Non-retail DLT extract-OT-first then Sunday-from-remaining-40
  • Manufacturer 11:00 p.m.–midnight window (toggle)
  • Chapter 25-3 industry carve-out (toggle)

Out of scope

  • R.I. Gen. Laws § 28-12-3.2 reporting-time (3× if under 3 hours) — that is /rhode-island-reporting-time/
  • Bakery/pharmacy § 5-23-2(e) time-and-a-half carve-out
  • 260-RICR-30-05-2.6 listed employer-class exemptions (aviation fueling, churches, 24/7 security, etc.)
  • Tip-credit math; FLSA fluctuating workweek

FAQ

Does Rhode Island pay time-and-a-half on Sunday?

Yes, for covered employees. R.I. Gen. Laws § 25-3-3: work performed on Sundays and holidays must be paid at least one and one-half times the normal rate. Holidays in § 25-3-1(5) include Sunday, New Year's Day, Memorial Day, Juneteenth, July 4th, Victory Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving, and Christmas. Restaurant, hotel, healthcare, and agriculture employees are carved out of chapter 25-3.

How does retail Sunday pay differ from non-retail?

Retail (260-RICR-30-05-2 definition, effective 17 August 2025) is paid 1.5× on Sunday and holiday hours under § 5-23-2(d), guaranteed at least four hours of employment, and those hours worked are excluded from weekly overtime under § 28-12-4.1(b). Non-retail follows the DLT Wage and Workplace Laws Guide: extract weekly-40 overtime first, then Sunday/holiday hours from the remaining 40 so the same hour is not paid 1.5× twice. A DLT 60-hour week with 8 holiday hours is $1,480 non-retail versus $1,400 retail at $20.

Is this the same as Rhode Island reporting-time pay?

No. Reporting-time is R.I. Gen. Laws § 28-12-3.2: report and under 3 hours furnished → not less than 3× the regular hourly rate (a 1-hour Sunday at $20 is $60). This page is Sunday/holiday 1.5×. Retail Sunday 1 hour at $20 is four hours of employment at 1.5× = $120. Use /rhode-island-reporting-time/ for the 3-hour floor on any day.

Why do overnight punches matter?

§ 25-3-3 pays for work performed on Sunday. A 22:00–06:00 tour that starts Sunday has two hours before midnight (premium) and six hours Monday (regular), after unpaid lunch is allocated. An hour-entry total of “8 hours Sunday” cannot see that split.