WAGE AND HOUR DEMAND LETTER
Rhode Island Minimum Wage Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Rhode Island ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Rhode Island Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Rhode Island Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the Rhode Island Minimum Wage Act, R.I. Gen. Laws Section 28-12-1 et seq., and the Rhode Island Payment of Wages Act, R.I. Gen. Laws Section 28-14-1 et seq.
Please direct all further communications regarding this matter to our office.
I. RHODE ISLAND-SPECIFIC LEGAL FRAMEWORK
A. Rhode Island Minimum Wage
Rhode Island's minimum wage is $15.00 per hour as of January 1, 2025. R.I. Gen. Laws Section 28-12-3.
Rhode Island allows a tip credit with a tipped minimum wage of $3.89 per hour, provided tips bring the employee to the full minimum wage. R.I. Gen. Laws Section 28-12-5.
B. Overtime Requirements
Rhode Island follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. R.I. Gen. Laws Section 28-12-4.1.
Rhode Island requires overtime for Sunday and holiday work in certain retail establishments:
- Work on Sundays: 1.5x regular rate. R.I. Gen. Laws Section 25-3-1.
- Work on certain holidays: 1.5x regular rate. R.I. Gen. Laws Section 25-3-1.
C. Meal and Rest Break Requirements
Rhode Island requires:
- Meal Breaks: A 20-minute meal break within a 6-hour work shift, beginning no later than the end of the 5th consecutive hour. R.I. Gen. Laws Section 28-3-14. This applies to most employers.
- Employees must be "completely relieved" of duties during the meal break.
Rhode Island does not mandate paid rest breaks beyond the meal break requirement.
D. Wage Payment Requirements
Under the Rhode Island Payment of Wages Act:
- Regular Pay Periods: Wages must be paid at least weekly for most employees; bi-weekly for exempt employees with written authorization. R.I. Gen. Laws Section 28-14-2.
- Termination - Discharge: All wages due must be paid on the next regular payday. R.I. Gen. Laws Section 28-14-4.
- Termination - Resignation: All wages due must be paid on the next regular payday. R.I. Gen. Laws Section 28-14-4.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Rhode Island wage claims | 3 years | R.I. Gen. Laws Section 9-1-14 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (100%). 29 U.S.C. Section 216(b).
Rhode Island Penalties:
- Under the Minimum Wage Act, R.I. Gen. Laws Section 28-12-8, employees may recover unpaid wages plus an additional equal amount as liquidated damages (100%).
- Under the Payment of Wages Act, R.I. Gen. Laws Section 28-14-19.2, for willful violations, employees may recover treble damages (3x unpaid wages) plus attorney's fees.
G. Attorney's Fees
Both the FLSA and Rhode Island law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); R.I. Gen. Laws Section 28-14-19.2.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Rhode Island wage and hour laws by:
- [ ] Failing to pay the minimum wage of $15.00 per hour required under Rhode Island law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Failing to pay Sunday/holiday premium pay under R.I. Gen. Laws Section 25-3-1
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Failing to provide required 20-minute meal breaks under R.I. Gen. Laws Section 28-3-14
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay wages on the next regular payday after termination
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Rhode Island Minimum Wage Act Violations
[Company Short Name] violated the Rhode Island Minimum Wage Act by [describe violation]. R.I. Gen. Laws Section 28-12-3.
C. Rhode Island Meal Break Violations
Rhode Island law requires a 20-minute meal break within a 6-hour work shift. R.I. Gen. Laws Section 28-3-14. [Company Short Name] violated this requirement by [describe violation].
D. Rhode Island Payment of Wages Act Violations
[Company Short Name] violated the Rhode Island Payment of Wages Act by:
- [ ] Failing to pay wages weekly as required. R.I. Gen. Laws Section 28-14-2.
- [ ] Failing to pay all wages due on the next regular payday after termination. R.I. Gen. Laws Section 28-14-4.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Missed Meal Breaks | [X breaks] x [20 min] x $[rate] | $[Amount] |
| Unpaid Sunday/Holiday Premium | [X hours] x $[rate] x 0.5 | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. Rhode Island Liquidated/Treble Damages
- Minimum Wage Act liquidated damages (100%): $[Amount]
- Payment of Wages Act treble damages (for willful violations): $[Amount]
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Liquidated/Treble Damages | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand represents a discount from our client's full exposure at trial, where treble damages are available for willful violations under Rhode Island law.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the Rhode Island Superior Court, [County] County, or United States District Court for the District of Rhode Island.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Rhode Island Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Rhode Island Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)