Rhode Island Sample Letter for Denial of Overtime
Description
How to fill out Sample Letter For Denial Of Overtime?
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FAQ
All employees must be paid time and one-half the worker's regular rate for all hours in excess of forty (40) in one week. Workers paid bi-weekly must be compensated at time and one-half the employee's regular rate for all hours worked beyond forty (40) in any one workweek.
If your employer is asking you to complete a task that is unethical or illegal, it may fall under violating a public policy. As a result, this would mean that it is illegal for your employer to fire you for refusing to do that task.
The overtime work must be voluntarily taken up by the employee and not forced through an involuntarily or fraudulently signed agreement.
If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to.
Rhode Island labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. RI Statute 23-12-4.1; RI Dept.
In most cases, a job description unlike a contract of employment is not a legally binding document. You can be asked to take on other duties, if these are reasonable. However, if what you are doing really doesn't match your expectations, and you believe that your employer deliberately misled you, seek legal advice.
Rhode Island labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. RI Statute 23-12-4.1; RI Dept.
Your right to refuse to do a task is protected if all of the following conditions are met: Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and. You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists; and.
So, the short answer is, yes, your employer may assign you tasks not specifically outlined in your job description. Unless you work under a collective bargaining agreement or contract, your employer can legally change your duties.
It's perfectly legal for employers to terminate at will employees who refuse to perform regular job duties or temporary job duties as assigned.
