If you work on a Sunday or one of ten named holidays in Rhode Island, your employer generally has to pay you at least one and one-half times your normal rate for every hour worked that day. Rhode Island holiday pay rules go well beyond federal law, which requires no premium and no paid time off for holidays at all. The state statute also gives most workers the right to refuse the shift without being fired or disciplined.
Which Days Count
Under Rhode Island General Laws Section 25-3-1, the “holidays” that trigger premium pay are:
- Every Sunday, year-round
- New Year’s Day
- Memorial Day
- Juneteenth National Freedom Day
- Independence Day
- Victory Day
- Labor Day
- Columbus Day
- Veterans’ Day
- Thanksgiving
- Christmas
Any hours worked on those days must be paid at 1.5 times the employee’s normal rate.1Rhode Island General Assembly. Rhode Island General Laws 25-3-3 – Work on Sundays or Holidays The Sunday piece surprises many workers because it applies every week.
The premium is triggered only by actual work. Rhode Island does not require private employers to give paid time off on a holiday you don’t work. Whether you get a paid day off when the business is closed depends on company policy or a union contract.2U.S. Department of Labor. Holiday Pay Public sector employees have a broader list under state employment contracts that includes Dr. Martin Luther King Jr.’s Birthday.3Rhode Island General Assembly. Rhode Island General Laws 25-3-1 – Definitions
Who Is Covered
Most Rhode Island employees are covered, whether full-time, part-time, temporary, or seasonal. The main exclusion is for supervisory employees who meet the federal Fair Labor Standards Act white-collar exemption at 29 U.S.C. ยง 213(a)(1). That covers executive, administrative, and professional workers who satisfy the federal salary and duties tests.3Rhode Island General Assembly. Rhode Island General Laws 25-3-1 – Definitions
The Rhode Island Department of Labor and Training also identifies health care, hospitality, agriculture, and commercial fishing as industries with exceptions from Sunday and holiday premium pay.4RI Department of Labor & Training. Labor Standards FAQ Whether you qualify depends on the specific exclusion that applies to your job.
Independent contractors aren’t covered because they aren’t employees. Misclassifying employees as contractors to avoid premium pay carries real consequences: since January 2024 the DLT can impose civil penalties and the Attorney General’s Office can bring criminal charges.5RI Department of Labor & Training. Misclassification of Employees as Independent Contractors
Union contracts can only raise the floor. If your collective bargaining agreement provides a higher premium or a longer holiday list, the employer has to honor those terms.
Your Right to Refuse the Shift
Rhode Island law does more than set the pay rate. Section 25-3-3 also bars an employer from firing, disciplining, or penalizing you for refusing to work on a Sunday or a listed holiday.1Rhode Island General Assembly. Rhode Island General Laws 25-3-3 – Work on Sundays or Holidays For covered workers, holiday and Sunday shifts are effectively voluntary. This is unusual among the states.
The right to refuse does not apply if you work for a manufacturer that runs seven continuous days, a chauffeur-driven limousine or taxi company operating around the clock, or a car rental employer at T.F. Green International Airport where the lease requires it.1Rhode Island General Assembly. Rhode Island General Laws 25-3-3 – Work on Sundays or Holidays
If you’re punished for saying no, Rhode Island’s anti-retaliation statute lets you seek relief under the Whistleblowers’ Protection Act. You have one year from the violation to file.6Justia. Rhode Island General Laws 28-14-19.3 – Protection From Retaliation
How the Premium Is Calculated
The rate is at least 1.5 times your normal rate for every hour worked on a covered day.1Rhode Island General Assembly. Rhode Island General Laws 25-3-3 – Work on Sundays or Holidays With Rhode Island’s 2026 minimum wage at $16.00 per hour, a minimum-wage worker gets at least $24.00 per hour for holiday work.7RI Department of Labor & Training. Minimum Wage
For salaried employees who are covered, the employer first converts the salary to an hourly rate by dividing the weekly salary by the hours normally worked. Someone earning $880 a week on a 40-hour schedule has a regular rate of $22.00 per hour, so holiday work pays at least $33.00 per hour.
Bonuses and commissions matter. Federal regulations require nondiscretionary bonuses, production bonuses, and sales commissions to be folded into the regular rate before the 1.5 multiplier is applied.8eCFR. Principles for Computing Overtime Pay Based on the Regular Rate Employers that calculate holiday premium off base wages alone and ignore commissions are underpaying.
When Holiday Hours and Overtime Overlap
Holiday premium and overtime don’t stack. Each is calculated separately, and the method depends on whether you work in retail.
For non-retail workers, overtime is pulled out first. Take a 60-hour week that includes 8 hours on a holiday: 20 hours are overtime at 1.5 times the regular rate, 8 hours are holiday premium at 1.5 times, and the remaining 32 hours are straight time.9RI DLT. Wage and Workplace Laws in Rhode Island
For retail employees, the holiday hours come out first. Same 60-hour week with 8 holiday hours: 8 hours at 1.5 times as holiday premium, then 52 remaining hours, of which 12 are overtime at 1.5 times and 40 are straight time.4RI Department of Labor & Training. Labor Standards FAQ The retail method usually produces fewer overtime hours because holiday time is extracted before the 40-hour threshold is checked.
Employers That Are Exempt From the Premium
Some employers don’t have to pay the premium at all, generally because they can’t shut down. The categories the DLT recognizes as exempt include continuous manufacturers running seven days a week, interstate motorist service facilities operating 24/7, nonprofit higher education institutions that house and feed students around the clock, fresh prepared foods producers on continuous schedules, 24/7 telephonic or internet dispatch centers for roadside assistance, animal shelters and kennels, and daily newspaper operations engaged seven days a week in preparing, printing, and delivering the paper.10Cornell Law School. 260 RICR 30-05-2.6 – Premium Pay Exemptions for Work on Holidays and Sundays The continuously operating limousine, taxi, and airport car rental employers named in the statute are also exempt.1Rhode Island General Assembly. Rhode Island General Laws 25-3-3 – Work on Sundays or Holidays
Any Rhode Island employer can petition the Director of Labor and Training for an exemption. Even where an employer is exempt from the statutory premium, employees may still receive holiday pay under an employment contract or union agreement.
Thanksgiving and Christmas Retail Closings
Retail establishments in Rhode Island can operate any day of the year, but not on a holiday without a license from the local city or town council. Section 5-23-2 bars any holiday license from being issued for Thanksgiving or Christmas, which effectively closes most retail on those two days.11Rhode Island General Assembly. Rhode Island General Laws 5-23-2 – Licenses for Holiday Business
Two narrow exceptions exist: licensed pharmacies may open if a licensed pharmacist is on the premises, and retail establishments that primarily sell food products may open if they employ fewer than six workers per shift at any one location. If a retail employer is running on Thanksgiving or Christmas outside those exceptions, it may be operating illegally.11Rhode Island General Assembly. Rhode Island General Laws 5-23-2 – Licenses for Holiday Business
If You Weren’t Paid What You’re Owed
Start by asking your employer to fix it. Some shortfalls are payroll errors that a written request resolves. If that goes nowhere, you have two paths.
You can file a wage complaint with the Rhode Island Department of Labor and Training’s Labor Standards unit, which investigates holiday and Sunday premium claims along with minimum wage and overtime violations.12State of Rhode Island, Department of Labor and Training. Wage Complaints You don’t need a lawyer for this route, and the state investigates on your behalf. The DLT can order the employer to pay what it owes.
You can also sue. Under Section 28-14-19.2, an employee can recover unpaid wages and benefits, compensatory damages, and liquidated damages of up to two times the unpaid amount, plus reasonable attorney’s fees and costs and equitable relief such as reinstatement.13Rhode Island General Assembly. Rhode Island General Laws 28-14-19.2 – Private Right of Action to Collect Wages An employer that stiffs you on $500 in holiday pay could end up owing $1,500 plus your attorney’s fees. Courts weigh the employer’s size, good faith, the seriousness of the violation, and whether it was intentional when setting the penalty.
If a union contract covers you, check its grievance procedure first. Many collective bargaining agreements offer faster resolution and may send holiday pay disputes to arbitration.