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sweeper driver in RI,no o.t. Rhode Island

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  • sweeper driver in RI,no o.t. Rhode Island

    Hi all
    I was driveing a vacume sweeper to clean parking lots,the company I worked for (edited by moderator) is in RI,I worked there for 1.5 years working anywhere from47-65 hours per week,now 1 of the other guys there told me we don't get overtime because the boss thinks he has a clich in the law,he or i was told he don't believe he has to pay overtime because we work in RI,MA and CON. does this make him exsempt from paying o.t.? I was an hourly employee,no beifits at all except 1 week vacation after a year,wich he refused to give me when i left.do have a case even if its been like 3-4 weeks sence i left?
    thanks in advance
    wolf

  • #2
    No, your boss is wrong. All 3 states require that you get paid after working 40 hours anyhow. It does not matter if you work in different places, if you are working for the same company, and you recieve your pay from that company, you are entitled to overtime pay. You should contact Rhode Islands version of the Department of Labor and file for your wages owed. I don't think I am wrong, but if I am, someone will come along and say so, or just add to what I have said allready. Here is thier link. I did not read it all, but it said something about overtime for working sunday, I do not know if your job falls into that catagory. I do not think that he has to pay you for the hour vacation, but I'm not sure, sorry.

    http://www.dlt.ri.gov/ls/

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    • #3
      Time and a half over 40 is a federal law, all time worked for one employer counts together, no matter how many states you work in. I dont know about the vacation payout laws in RI (or if they even have any). As far as the 3 to 4 week period goes i think you still can file a claim with the state labor agency (if they have one, and i dont know what it is called in RI), most posts ive read on this type of subject stated that you had 2 or 3 years to file (i think...)

      most important of all, the above is my opinion, i would wait for a reply from a senior member. Most, or at the least many of them deal with the subject matter in general on a daily basis and can quote you "chapter and verse"..........good luck

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      • #4
        good morning turbowray, i guess i need to work on my typing speed

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        • #5
          Originally posted by noiddodge View Post
          good morning turbowray, i guess i need to work on my typing speed
          Good morning noiddodge!!

          Comment


          • #6
            You would file your claim for unpaid overtime in whichever state you were based. It's only been a month since you left the employer. That's WELL within the statute of limitations for any state. The SOL starts running from the last incident, anyway. I recommend you file right away and get the ball rolling.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              thanks

              thank you all, this is what many say, but when i spoke to my boss about it he just laughed and said thats what he has a accountant and lywer for,as fas as vacation i thought i read at the RI labor law site that any vacation already acumulated is owed at next pay period,i have no clue im working now for a company doing the same thing and he pays o.t.
              again thank you all
              wolf
              USAwolfUSA
              Junior Member
              Last edited by USAwolfUSA; 10-14-2006, 09:28 AM. Reason: miss spelling

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              • #8
                Anytime, and I would imagine that your boss is acting this way to make you feel as though he is one up on you. Take it to the DOL, and he can try to laugh at them (won't get him very far, then you can do the laughing). I was not sure about the vacation time, you should ask for that also, and see if you get it.

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                • #9
                  Whenever an employee is separated from the payroll of an employer, after completing at least one (1) year 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.
                  http://www.dlt.ri.gov/ls/faqs.htm#Wh...acation%20law?

                  Note the one-year employment requirement. If you worked there at least one year, your accrued vacation was due with your final paycheck and, if you didn't get it and you met the criteria, add that to your claim.

                  Obviously, this guy's accountant is not worth the money he's paying him.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Originally posted by Pattymd View Post
                    http://www.dlt.ri.gov/ls/faqs.htm#Wh...acation%20law?

                    Note the one-year employment requirement. If you worked there at least one year, your accrued vacation was due with your final paycheck and, if you didn't get it and you met the criteria, add that to your claim.

                    Obviously, this guy's accountant is not worth the money he's paying him.
                    Tee hee, so true Pattymd!!

                    Comment

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