Legal Advisor
The following is a helpful guide on the most basic rights of workers protected by the law.
- Breaks
- Hours
- Miniumum Wage
- Overtime Pay
- Tips
- Sick Leave
- Family and Medical Leave
- Safety and Health
- Losing Your Job
- Young Workers
- Immigrant Workers
BREAKS
The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state(http://www.dol.gov/esa/programs/whd/state/state.htm) which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's union).
HOURS
The Fair Labor Standards Act (FLSA) does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.
MINIMUM WAGE
The Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department's Wage and Hour Division, a program of the Employment Standards Administration.
Workers who are covered by the FLSA are entitled to a minimum wage of not less than $5.85 an hour. Overtime pay at a rate of not less than one and one-half times their regular rate of pay is required after 40 hours of work in a workweek. Some states vary in their minimum wage levels. But where the Federal and state laws have different minimum wage rates, the higher standard applies. Check the map to see if your state has a higher minimum wage than the federal level. http://www.dol.gov/esa/minwage/america.htm
Certain exemptions apply to specific types of businesses or specific types of work.
OVERTIME PAY
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.
Extra pay for working weekends, nights or holidays is a matter of agreement between the employer and the employee (or the employee's union). The FLSA does not require extra overtime pay for weekend, nights, or holidays.
TIPS
A tipped employee engages in an occupation in which he or she customarily and regularly receives more than $30 per month in tips. An employer of a tipped employee is only required to pay $2.13 per hour in direct wages if that amount combined with the tips received at least equals the federal minimum wage. If the employee’s tips combined with the employer’s direct wages of at least $2.13 per hour do not equal the federal minimum hourly wage, the employer must make up the difference. Many states, however, require higher direct wage amounts for tipped employees.
SICK LEAVE
Federal law does not require sick leave. If you quit your job before using all of your sick leave, your employer is not obligated to pay you for that time.
An employer who does provide paid sick leave is allowed under law to take reasonable actions to ensure that the leave is used for its intended purpose and not as a means to obtain additional vacation time. For example, your employer may require you to call in each day you are ill, or require a doctor's note for serious illnesses. Your employer may also monitor patterns of sick leave use, for example to identify employees who consistently take sick time at the beginning or end of the week (to have longer weekends) or at the end of each year (to avoid losing accrued sick time). Employees who abuse sick leave policies run the risk of discipline or termination.
The Family and Medical Leave Act (FMLA) provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee's immediate family; however, in many instances paid leave may be substituted for unpaid FMLA leave.
FAMILY AND MEDICAL LEAVE
The Family and Medical Leave Act (FMLA) provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee's immediate family; however, in many instances paid leave may be substituted for unpaid FMLA leave.
The Family and Medical Leave Act (FMLA) requires companies with 50 or more employees (working within a 75-mile radius) to allow an employee to take unpaid time off of work because of the birth or adoption of a child, the employee's own serious health condition, or the need to care for a seriously ill child, spouse or parent.
What is a "serious health condition" for purposes of the FMLA?
Unfortunately, this is not well defined under the law. Illnesses such as upset stomach, common cold, or non-migraine headaches may not qualify. If the medical condition requires hospitalization or requires bed rest under the supervision and care of a physician for more than three calendar days, the condition will most likely be considered a serious medical condition.
Under the FMLA, you can accrue, paid sick leave instead of unpaid FMLA leave if the reason for the leave is covered by your employer's sick leave policy. For example, you will almost always be able to substitute accrued sick leave for your own serious health condition, since that is the purpose of sick leave. Using accrued sick leave to care for an ill family member will be allowed only if your employer's policy allows employees to use sick leave for that purpose.
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