Detailed Answer
In Rhode Island, the law requires employers to keep payroll and time‐keeping records for at least three years. Under R.I. Gen. Laws § 28-14-4, employers must maintain “wages, hours, and other conditions of employment” records. When an employer fails to keep or produce accurate records, employees can reconstruct their lost wage claims using reasonable methods.
1. Understand Your Legal Framework
R.I. Gen. Laws § 28-14-4 mandates recordkeeping. If your employer cannot provide records, the Rhode Island Department of Labor and Training (DLT) may presuppose missing wages. You can cite this statute when filing a claim:
2. Collect Alternative Evidence
Without pay stubs or timecards, gather any of the following:
- Bank statements showing direct deposits or withdrawals.
- Form W-2 or 1099 income reports.
- Work schedules, calendars, or emails confirming hours worked.
- Text messages or correspondence discussing shifts or pay.
- Co-worker affidavits verifying your schedule.
3. Reconstruct Hours and Rates
Estimate your average hours per week by reviewing schedules, conversations, or typical shift lengths. Confirm your pay rate via offer letters, employment contracts, or industry standards.
Example calculation:
If you believe you worked 35 hours/week at $15/hour but received no pay for two weeks, your lost wages equal:
(35 hours × $15) × 2 weeks = $1,050
4. Prepare Your Claim
When you file with the DLT’s Labor Standards Unit, include:
- A written summary of missing records.
- All alternative evidence with annotations.
- Your reconstructed calculations.
- Signed affidavits from witnesses, if available.
DLT will review your submission and may order the employer to pay back wages plus penalties under R.I. Gen. Laws § 28-14-18 for willful violations:
5. Seek Further Assistance
If the DLT process stalls or you need legal interpretation, consult an employment attorney familiar with Rhode Island wage laws. Many attorneys offer a free initial consultation to review your documents and advise next steps.
Helpful Hints
- Save all correspondence with your employer about hours or pay.
- Keep copies of bank and credit union statements as backup.
- Use calendar tools (digital or paper) to note each workday.
- Obtain written statements from co‐workers or supervisors.
- Document any attempts to request missing records in writing.
Disclaimer: This article provides general information about Rhode Island wage‐and‐hour claims. It is not legal advice. For advice specific to your situation, please consult a qualified attorney.