Salaries and employee benefits are two of the most relevant concerns for workers in relation to employment. Federal and state laws relating to wages and fair pay have evolved over the years, and the guidelines that apply to benefit plans can be quite difficult to understand, so below you will find a general description of this key aspect of the law on the rights of the employees.
Wages
Federal and state laws stipulate in detail the minimum wage that each employee is entitled to receive. These laws also identify which workers have the right to receive a payment for the extra hours worked. Unfortunately, and often unintentionally, some employers do not comply with these legal requirements.
Common violations of the law in matters of wages include:
- do not pay the minimum wage appropriate;
- pay a “pay for training” or “minimum wage for young people” to employees that they should charge more;
- do not pay overtime, or classify improperly to exempt employees.
- to make working employees “off-hours” and not pay them those hours;
- deduct an excessive amount of tips;
- deduct from wages paid in concept of products, such as meals or food.
The laws on wages and working hours are designed to protect employees and to ensure that their employers treat them with equality in regard to the payments and the work performed.
Benefits
The term “benefits” is very broad. Includes everything that an employee receives, in addition to the salary in cash. Some benefits are compulsory under federal or state law, as in the case of absences family and medical. In general, these benefits do not cost anything to the employer, except in terms of the time that the employee is absent from work. If you are a covered employee within the framework of a law that requires certain employment benefits, such as absence due to specific reasons, your employer must allow you to make use of these services without you is the subject of any sanction.
Unlike, for example, a medical leave and family, some features are optional, and you and the employer must negotiate them. These benefits include health insurance, dental and disability, life insurance, or pension plans for employees. Although these benefits are optional, in the sense that the employer is not required by law to brindarlas, the employer that chooses to do so must comply with certain federal regulations, which can be extremely complex and technical.
Most of the health benefits and pension plans are regulated by a federal law, the Law of Security of the Retirement Income for Employees (Employee Retirement Income Security Act (“ERISA”) of 1974. Among other aspects, the regulations of ERISA requires that employees receive a notice concerning the provisions of any benefit plan: what it is, who is eligible, what is covered by the plan, what the costs are, how payment is made, and how and when the changes will take place in the plan.
How to Obtain Legal Assistance with a Problem of Labour Rights
Employees have many rights in the workplace established in both the federal and state laws. If you believe that your rights have been violated in the employment context, in their best interest may be to contact a lawyer who specializes in employment law, who will explain your options and protect your legal rights.
