Employment Law Information
Employers are also not allowed to average hours over two or more weeks. This rule applies regardless of whether the employee works on a standard or swing shift schedule and regardless of whether payment is on a daily, weekly, biweekly, monthly or other basis. In addition overtime pay earned in a particular workweek should be paid on the regular payday for the pay period in which the wages were earned.
Pay Rate Calculations
The regular rate of pay for an employee cannot be less than the legally established minimum wage. This regular rate must include all remuneration for employment with the exception of certain types of payments, including reimbursements for expenses incurred on the employer’s behalf, premium payments, discretionary bonuses, gifts and payments ig the nature of gifts on special occasions are not part of the regular rate. In addition, payment for time not worked, such as for vacations, personal days or illness, should not be included regular pay rate calculations.
Two Rates of Pay
If an employee works at two or more different types of jobs for which different rates have been established, the regular rate for that week should be calculated as the weighted average of the rates. The earnings from all of the job rates need to be added and the total divided by the number of hours worked at all jobs to ascertain the regular rate.
Violations for failure to pay overtime, the incorrect classification of employee groups as exempt or non-exempt, long delays of overtime payments and other employee wage issues are rampant. In 2005 the Employment Standards Administration�s Wage and Hour Division recovered more than $166 million in back wages for over 241,000 employees. The agency also conducted 34,858 compliance actions in 2005 and assessed over $10.5 million in civil money. Violations of federal overtime rules nearly 100% increase for white-collar workers increased in the last four years, from 73 in 2000 to 138 in 2004.
An employee should seek legal advice if they have an indication that are entitled to receive overtime payments and they are not being paid overtime payments from their employer. Lawyers who specialize in this area can help an individual begin to collect payments, and to receive any past payments owed, if it is determined the employer is in violation of the overtime payment regulations.
Employment Laws Can Work In Your Favor
Employment law is broad reaching and consists of thousands of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws were enacted as protective labor legislation. Other employment laws have been enacted to ensure fairness and equality and some take the form of public insurance, such as unemployment compensation or workers’ compensation. Federal and State employment laws affect virtually every employment decision.
These laws include:
The Age Discrimination in Employment Act (ADEA)
Americans with Disabilities Act (ADA)
Civil Rights Act of 1866 (since amended numerous times)
Consolidated Omnibus Reconciliation Act (COBRA)
Employee Retirement Income Security Act (ERISA)
Fair Labor Standards Act (FLSA)
Family and Medical Leave Act (FMLA)
Federal Equal Employment Opportunity Commission (EEOC)
Federal False Claims Act
Occupational Safety and Health (OSH) Act of 1970
Workers Compensation Acts (state by state)
Other Federal, State and local statutes
A significant portion of an individual’s life is spent at work. The above laws, and many others, have been enacted to attempt to ensure that the environment in which an employee operates is safe and healthy and that fairness during the hiring, employment and departure phases of the individual’s employment cycle is applied.
Employees need to understand their employer’s hiring and personnel policies, compensation practices, workplace safety and privacy issues, potential breaches of contract, wrongful termination or dismissal and defamation policies. Some of these concerns are highlighted below.