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SpinDistribute.com Article Directory

The following article was published in our article directory on May 24, 2012.
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Federal Wage and Hour Employment Law

Article Category: Legal

Author Name: John F. Beaty

With the passage of the FLSA or the Fair Labor Standards Act which is a federal wage and hour employment law, the rights of workers are protected in terms of the hours they render and the wages they receive. Employers that had a yearly business volume of not less than $500,000 are covered by this law. Hospitals, government agencies, care facilities and schools are also included in this act even without the said business volume.

Those working at an hourly basis must be paid the minimum wage according to federal law which is $7.25 an hour as of July 2009. California labor laws on minimum wage vary slightly as the minimum wage there is $8 an hour as of 2008. Businesses that have employees earning tips like restaurants can consider the tips to be an addition to the hourly wage of the worker. The employer however must remunerate the employees not less than $2.13 an hour.

According to the FLSA, it would be between the employer and employee to determine the number of hours that are considered part-time or full-time work. It would be up to the employer to give additional pay for employees reporting to work during weekends or night shifts. The law does not require anything with regards to meals, rest periods and breaks except for the fact that employees should enjoy breaks from 5 to 20 minutes. Giving of holidays, paid vacation and sick leave to employees is not federally required.

California labor law requires however that those working for 4 hours should have a break of 10 minutes while those working for 8 hours need a meal period of 30 minutes. If the employee has been working for 10 hours or more, 2 meal periods must be provided.

In terms of overtime, every employee must be given a 1.5 times his hourly rate for every hour exceeding his 40 hours of services per week. This shall apply during holidays and weekends. Those receiving a salary of at least $455 are exempted from overtime pay.

There are certain restrictions for minors who are employed based on the FLSA such as the number of hours they should render and the kind of job they have. This is for their health protection. They would also be able to concentrate on their studies if they worked lesser number of hours than the regular worker.

States may also have other regulations with regards to young workers. Only those who are at least 14 or 15 years old are allowed to work and they can render service from 7 a.m. to 7 p.m. during regular days and until 9 p.m. during summer holidays. During school days, they cannot work above 3 hours per day and 8 hours daily during non-school days.

Employers should pay their employees the correct payment because if not, the employees can file a case against them. Each state has their own requirements when a worker wishes to file a lawsuit against an employer. It would be the state Wage and Hour Department that should be contacted for such matters.

In knowing the wage and hour employment law of the federal government, an employee would be informed of his rights so that he would not be prone to abuse.

Keywords: california labor law, employers rights, wage and hour employment law, union busting

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