Employment and Labor Laws
There are just over 300,000,000 million folks living in 50 states across America. If the unemployment rate is hovering around 9% and you factor in minors, you’re still dealing with well over 200,000,000 people who are working in some kind of job. Other than the self-employed, most of these working folks have labor laws that directly impact their employment. You might not be aware of all the specific codes and regulations that pertain to your job, but it is the responsibility of every legislature to develop their own state’s labor laws.
Every job site is required by law to post labor laws. After that, it becomes the responsibility of the worker to read and understand which laws apply to them. The following links provide a quick snapshot of all of the state labor laws. Is your site up to code? Is your boss breaking the law? Find out now.
Federal employment laws regulate hiring, hours, pay, and salaries, as well as discrimination, harassment, paid time off, employee benefits, and other crucial workplace and employee rights problems.
Federal Labor Laws – Breaks
Federal law provides that if a company decides to permit break times, any breaks under 20 minutes should be compensated, and any breaks beyond 30 minutes can be unpaid and considered off-the-clock, according to the U.S. Department of Labor.
Companies are not, however, required by federal law to provide breaks for eating or other purposes during working hours.
Thus, the federal government essentially leaves it up to the employer. Meal breaks longer than 30 minutes are not paid, while rest intervals under 20 minutes are. These federal requirements automatically apply if a state does not have its own clear regulations addressing breaks.
State break laws – Each state is free to decide on its own lunch and rest break regulations. While some states automatically follow federal policy, others have their own unique set of rules to adhere to. Laws governing meals and rest periods only apply to non-exempt workers. Breaks are at the employer’s discretion for exempt workers making more than $23,000 annually.
Wages and Overtime Labor Laws
When you are hired for a job, you should be abundantly clear about what is expected of you. Obviously, that includes your salary. If you are hired at an hourly rate for a particular amount of time each day then going over that amount constitutes overtime. What are you entitled to with regard to overtime pay? What is the minimum wage for an hour’s work in your state? If you are working part-time are you still entitled to overtime pay? It is better if you know the wage and overtime laws before accepting a job and especially before getting your first paycheck.
Maternity Leave Labor Laws
It’s a sad state of affairs that the government had to step in to regulate maternity leave laws. These laws were established to secure your job while providing a specific amount of time allowing you to take care of the newest member of the family. Did you know these laws extend to both moms and dads? They also can apply to newly adopted children or children who are coming to live with you in a resolution of a child custody case.
Your employee could offer extended maternity leave benefits, but there is a specific minimum amount of time you are allowed to take with the guarantee that your job will be waiting for you when you return. That will definitely take some of the pressure off of having a baby!
Minor Labor Laws
There was a time in our nation’s history when children as young as 10 years old were hired to work in deplorable conditions. Fortunately, those days are long gone for Americans. However, that doesn’t mean a young person can’t get a job. The cutoff for a child working is 12 years old. However, there are exemptions for work on the family farm. But even mom and dad have to be aware of the various child labor laws when it comes to the amount of work and time of day a child can be employed.
There are some states that require work permits for minors under the age of 18. Most states also have restrictions with regard to different environments in that minors can be employed. For instance, most minors are restricted from working at any job where selling liquor is the primary function of the business.
State Employment Laws
Nearly every US state has labor rules that apply to companies that have employees there.
Paid Holidays by Law
Holiday Pay Laws – Employee Rights by State In the United States, a number of holidays are observed offering employees time off with pay. Comprising around 62% of the total…
Wyoming Labor Laws
The state of Wyoming is easy to pick out on a map: it’s the perfect square situated in the Midwest (above the perfect square of Colorado!). Close to half of…
Wisconsin Labor Laws
Wisconsin is to cheese what Texas is to oil. In fact, Wisconsin leads the nation in cheese production. That is why the locals happily wear their “cheese-head hats” to show…
West Virginia Labor Laws
Of all the states in America, West Virginia holds the distinction of being the only state to secede from its Confederate counterpart. As the Civil War was escalating, delegates from…
Washington Labor Laws
Washington or the state of Washington, as it is often called to avoid confusion with Washington D.C., is in the Northwest region of the United States. Over 60% of the…
Virginia Labor Laws
A famous slogan once used to promote tourism in Virginia was “Virginia is for lovers.” This slogan popped up on T-shirts and bumper stickers. Virginia is also for presidents by…
Vermont Labor Laws
Although anyone who has spent time in Vermont will tell you it’s a gorgeous state, the best time of the year to visit is in the fall. This is when…
Utah Labor Laws
Utah is a beautiful state to live and work in. When it comes to work there are two agencies that oversee labor laws. The Department of Workforce Services handles government…
Tennessee Labor Laws
Tennessee Labor Law – Meal Breaks Neither United States law nor Tennessee state law requires employers to provide individuals with meal breaks. Companies and businesses can legally require that employees…
South Dakota Labor Laws
South Dakota Labor Law Breaks With regard to breaks for all employees, South Dakota abides under federal law by default. Only if it lasts less than 20 minutes must a…
Fair Labor Standards Act (FLSA)
The main labor law that affects all businesses is called the FLSA. Making certain that employees are compensated fairly is its fundamental tenet. According to their exempt or nonexempt status, you must by law pay overtime to specific employees.
For all hours over 40 worked in a week, overtime compensation is determined at the federal level as 1.5 times the employee’s regular hourly rate. The FLSA also establishes a federal minimum wage requirement, with a few exceptions for the railroad, agricultural, and educational sectors. Many states and towns mandate higher minimum wages or more generous overtime compensation for employers.
Family and Medical Leave Act (FMLA)
An eligible employee may request unpaid, job-protected leave from their employer for the birth or adoption of a child, the serious sickness of a spouse, child, or parent, or both under the terms and conditions of the FMLA, a federal labor legislation.
You must safeguard an employee’s job while they are out on leave for up to 12 weeks under the FMLA. The same protection is granted for up to 26 weeks to military service personnel who are injured, ill, or whose family members are providing for them. Any firm with 50 or more workers is required to offer FMLA. However, in some jurisdictions, firms with as few as five full-time employees may be subject to more stringent family leave regulations.
Only workers with a year of experience are qualified for FMLA, and there is normally an application procedure and regulation that must be followed. For instance, you can refuse a request for FMLA leave if your three-month-old new recruit asks for six weeks off for knee surgery that is not related to work.