The Law of fair Labor Standards: Questions and Answers

The Law of fair Labor Standards (Fair Labor Standards Act or FLSA) is one of the labor laws is more important. Below you will find answers to questions about employment issues such as overtime, rest periods, payment, and more.

SALARIES, PAYMENT AND BENEFITS

What is the additional payment required for weekend work or night?

The additional payment for the work weekend or night corresponds to when there is an agreement between an employer and the employee (or the representative of the employee). The Law of Reasonable Standards of Work does not require the additional payment for the work weekend or night. However, the FLSA does require that covered employees, non-exempt, receive a payment of not less than one hundred fifty percent of the employee’s regular rate for time worked that exceeds 40 hours in a work week.

How do you compute the payments for vacation, illness and holidays? When do they become payable?

The Law of Reasonable Standards of Work does not require the payment of time not worked, such as vacation, sick leave or holidays (federal or otherwise). These benefits are received when there is an agreement between an employer and the employee (or the representative of the employee).

When must be assigned to the periods of rest and to eat?

The Law of Reasonable Standards of Work does not require the allocation of periods of rest or to eat for the employees. Some states may have requirements for rest periods or for eating. If you live in a state in which periods of rest or to eat are not required, these benefits are received when there is an agreement between an employer and the employee (or the representative of the employee).

What are the mandatory assessments of performance periodic?

The Law of Reasonable Standards of Work does not require assessments to be carried out of performance. Performance evaluations are usually performed when there is an agreement between an employer and the employee (or the representative of the employee).

I didn’t get my last check stub. What can I do?

Employers are not required by federal law to give former your last check stub immediately. However, some states require immediate payment. If you have already passed the day of payment standard last pay period that has worked and has not received payment, please contact the Division of Wage and hour Department of Labor or with the state Department of Labor. The Department of Labor (Department of Labor, DOL) also has established mechanisms for the recovery of back pay.

OVERTIME AND HOURS OF WORK

When they are paid the extra hours?

In the case of covered employees, non-exempt, the Law of Reasonable Standards of Work requires the payment of overtime hours worked at a rate not less than one hundred fifty percent of the employee’s regular rate after 40 hours worked in a work week. In special circumstances, some exceptions apply to the standard 40-hour week for police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.

Some states have also enacted laws on overtime hours. In cases in which the employee is subject to the laws on overtime, both state and federal, has the right to receive such payment in accordance with the standard most beneficial to him (i.e., the standard that provides the payment rate highest).

How many hours per day or per week can you work an employee?

The Law of Reasonable Standards of Work does not set a limit on the number of hours per day or per week that you must work the employees older than 16 years.

How many hours of work implies a full time job? How many hours of work implies a part-time job?

The Law of Reasonable Standards of Work does not define full-time employment or part-time employment. Usually, this is determined by the employer. An employee is considered a full-time worker or part-time does not change the application of the FLSA.

When can modified scheduled working hours of an employee?

The Law fair Labor Standards do not have provisions regarding the scheduling of the working hours of the employees, with the exception of certain clauses on child labour. Therefore, an employer can change the hours of work of an employee without notice or without obtaining the employee’s consent (unless stated otherwise in a prior agreement between the employer and the employee, or the representative of the employee).

What is the additional payment required for weekend work or night?

The additional payment for the work weekend or night corresponds to when there is an agreement between an employer and the employee (or the representative of the employee). The Law of Reasonable Standards of Work does not require the additional payment for the work weekend or night. However, the FLSA does require that covered employees, non-exempt, receive a payment of not less than one hundred fifty percent of the employee’s regular rate for time worked that exceeds 40 hours in a work week.

MANAGEMENT OF REGISTRATIONS AND NOTIFICATIONS

What are the mandatory receipts of salary?

The Law fair Labor Standards require employers to take accurate records of the hours worked and the wages paid to the employees. However, the FLSA does not require the employer to provide pay stubs.

What notifications should be sent before the lay off or leave of earnings to an employee?

The Law of fair Labor Standards (FLSA) does not include any requirement of notice to an employee prior to his dismissal or termination. In certain cases, employers must give advance notice to employees about massive layoffs or closures of plant. The Act of Notification of Realignment and Retraining of Labour (Worker Adjustment and Retraining Notification Act, WARN) provides specific information on advance notice, the liability of the employers ‘and workers’ rights during mass layoffs or closures of plant.

It may be that some states have requirements to notify employees prior to their dismissal or layoff.

How To Obtain Legal Assistance

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. The attorney may be able to help you determine the strength of your legal claim and advise you about the deadlines that can be met.