Employment Law
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Covered, nonexempt workers are entitled to a minimum wage of not less than $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. The child labor provisions include restrictions on hours of work and occupations for youths under age 16, and set forth the jobs that have been declared too dangerous for youths to perform. Additionally, the Act prohibits the interstate shipment of goods produced in violation of the child labor provisions. It is also a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act. The permissible jobs and hours of work, by age, in nonfarm work are as follows: ? Youths age 18 or older are not subject to restrictions on jobs or hours; ? Youths age 16 and 17 may perform any job not declared hazardous by the Secretary, and are not subject to restrictions on hours; ? Youths age 14 and 15 may work outside school hours in various nonmanufacturing, non-mining, nonhazardous jobs under the following conditions: no more than three hours on a school day, 18 hours in a school week, eight hours on a non-school day, or 40 hours in a non-school week. In addition, they may not begin work before 7 a.m. or work after 7 p.m., except from June 1 through Labor Day, when evening hours are extended until 9 p.m. Those enrolled in an approved Work Experience and Career Exploration Program (WECEP) may work up to 23 hours in school weeks and three hours on school days. Penalties/Sanctions: The Act also provides for a criminal fine of up to $10,000 upon conviction for a willful violation. For a second conviction for a willful violation, the Act provides for a fine of not more than $10,000 and imprisonment for up to six months, or both. The Secretary may also obtain an injunction to restrain persons from further violations. Employee Rights: The FLSA prohibits employers from engaging in oppressive child labor, as defined by the Act. The FLSA also gives an employee the right to file a complaint with the Wage and Hour Division and testify or in other ways cooperate with an investigation or legal proceeding without being fired or discriminated against in any other manner. FAMILY AND MEDICAL LEAVE ACT OF 1993The Family Leave Act, FMLA , (29 USC Sec. 2601, 29 CFR Part 825), provides that eligible employees of covered employers have a right to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interference or restraint from their employers. The FMLA also gives employees the right to file a complaint with the Wage and Hour Division of the Department of Labor’s Employment Standards Administration, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), and testify or cooperate in other ways with an investigation or lawsuit without being fired or discriminated against in any other manner. The FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year. The law covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the "50 employee" test. Title II of FMLA covers most federal employees, who are subject to regulations issued by the Office of Personnel Management. To be eligible for FMLA leave, an individual must (1) be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people; (2) have worked at least 12 months (which do not have to be consecutive) for the employer; and (3) have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins. The FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period for the following reasons: 1.Birth and care of the employee’s child, or placement for adoption or foster care of a child with the employee; 2.Care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3.Care of the employee’s own serious health condition. If an employee was receiving group health benefits when leave began, an employer must maintain them at the same level and in the same manner during periods of FMLA leave as if the employee had continued to work. Usually, an employee may elect (or the employer may require) the use of any accrued paid leave (vacation, sick, personal, etc.) for periods of unpaid FMLA leave. Employers are required to post a notice for employees outlining the basic provisions of FMLA and are subject to a $100 civil money penalty per offense for willfully failing to post such notice. Employers are prohibited from discriminating against or interfering with employees who take FMLA leave. THE AMERICANS WITH DISABILITY ACT OF 1990 (ADA) TITLE 1Title I of the Americans with Disabilities Act of 1990 (ADA) makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. The ADA applies to all state and local governments, as well as private employers with 15 or more employees. The ADA defines an individual with a disability as a person who: (1) has a physical or mental impairment that substantially limits a major life activity, (2) has a record or history of a substantially limiting impairment, or (3) is regarded or perceived by an employer as having a substantially limiting impairment. As with all job applicants, an applicant with a disability must be able to meet the employer’s requirements for the job, such as education, training, employment experience, skills, or licenses. In addition, an applicant with a disability must be able to perform the "essential functions" of the job the fundamental duties either on her own or with the help of "reasonable accommodation." However, an employer does not have to provide a reasonable accommodation that will cause "undue hardship," which results in a significant difficulty or expense to the employer. Reasonable Accommodation starts in the interview process. Employers are required to provide "reasonable accommodation" — appropriate changes and adjustments — to enable you to be considered for a job opening. Reasonable accommodation may also be required to enable you to perform a job, gain access to the workplace, and enjoy the "benefits and privileges" of employment available to employees without disabilities. An employer cannot refuse to consider you because you require a reasonable accommodation to compete for or perform a job. It is recommended the a person who needs a “reasonable accommodation” for some aspect of the hiring process advise an employer as soon as possible. An employer needs advance notice to provide many accommodations, such as sign language interpreters, alternative formats for written documents, and adjusting the time allowed for taking a written test. An employer may also need advance notice to arrange an accessible location for a test or interview. You must inform the employer that you need some sort of change or adjustment to the application/interviewing process because of your medical condition. You can make this request orally or in writing, or someone else might make a request for you (e.g., a family member, friend, health professional, or other representative, such as a job coach). THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967According to The U.S. Equal Employment Opportunity Commission The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government. ADEA protections include: •Pre-Employment Inquiries: The ADEA does not specifically prohibit an employer from asking an applicant’s age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA. •Benefits: The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs would create a disincentive to hire older workers. Therefore, in limited circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers. THE PREGNANCY DISCRIMINATION ACT(TITLE VII OF THE CIVIL RIGHTS ACT)An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with more than 15 employees, governments and Labor Unions. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. I you are involved in a Labor or Employment dispute, you need to speak with an attorney who knows and understands all the Labor and Employment laws that are applicable to your situation. With over 100 employer-employee laws, and some changing on a constant basis, only attorneys who specialize in labor and Employment laws are positioned to properly assist you. CLICK HERE TO FIND AN EMPLOYMENT LAW ATTORNEY
Employment Laws
Protects the right to unionize, and prohibits discrimination for filing a charge of an unfair labor practice. Provides for a minimum wage, and mandatory overtime. An employer cannot discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin. Prohibits discrimination on the basis of race in the formation of contracts. Requires the employer to provide allow the employee unpaid leave for medical care, or medical care of a family member. Forbids discrimination against people with disabilities. Forbids age discrimination. Protects employees who exercise their rights under the act or participate in proceedings against their employer. Prohibits discrimination for commencing or participating under the act. Prohibits job discrimination against an employee who has their wages garnished. Prohibits employers from preventing employees from exercising their rights to employee benefits plans. Prohibits discrimination for employees who exercise their rights under the act or participate in proceedings under the act. Prohibits discrimination for employees who exercise their rights under the act or participate in proceedings under the act. Prohibits discrimination for employees who initiate or participate in proceedings under the act. Prohibits discrimination against those who attend jury service in federal courts. Prohibits discrimination for seeking benefits under the act or for testifying in proceedings under the act.. Prohibits discrimination by federal contractors on the basis of handicap. CLICK HERE TO FIND AN EMPLOYMENT LAW ATTORNEY IN YOUR AREA
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