Gaining a broader understanding and awareness of employment laws will decrease the likelihood that your business will unknowingly commit a crime, so the following questions and answers have been developed to help you understand common employment laws.
When do I have to pay overtime?
The Fair Labor Standards Act (FLSA) requires that you pay non-exempt (hourly) employees a rate of one-and-a-half times their regular pay for any hours worked greater than forty per week. However, consult your state’s Department of Labor website because some states require that you pay overtime for excess hours worked each day.
When am I required to give employees breaks and lunches?
Federal law does not require an employer to provide breaks. However, many states require that non-exempt employees are given one paid 10-minute break for every four hours worked and one unpaid 30-minute lunch when the employee’s shift lasts longer than six hours.
What must I do when making payroll cuts?
You should always make cuts equally across all employees and provide written notice at least thirty days prior to the reduction. Furthermore, you cannot make pay determinations based on an employee’s age, race, skin color, religion, national origin, sex/gender, disability/veteran status, or marital/parental status.
What is the proper way to handle employment verifications?
When providing employment verifications, you can only release details on a former employee’s dates of employment and position(s) held within the company. If asked, you can state whether an employee is eligible for rehire, but you should not provide specific details regarding poor performance. Furthermore, you cannot disclose a current employee’s rate of pay without consent.
What questions cannot be asked during an interview?
You cannot ask a candidate questions relating to his or her age, religion, national origin, or marital/parental status unless it is considered a Bona Fide Occupational Qualification (justifiably necessary to perform the position being filled). Additionally, you cannot ask whether a candidate has a disability, but you may ask whether the candidate can perform the job functions with or without reasonable accommodation.
What paperwork should be kept in an employee’s personnel file?
An employee’s personnel file should contain a signed offer letter, a signed acknowledge confirming receipt of an employee handbook, any formal performance reviews or informal emails regarding performance/attendance issues, and any documentation of written or verbal communication to the employee regarding future compensation and positions. An employee’s personnel file should never have documents pertaining to an employee’s medical conditions, benefits elections, injuries or illnesses, medical leaves of absence, or immigration/resident status.
What does Employment-At-Will really mean?
Most states have an Employment-At-Will law, which allows an employee or employer to terminate an employment relationship at any time, with or without notice, and with or without reason. However, when terminating an employee, it is good business practice to provide just cause to reduce the possibility of discrimination charges brought on by a disgruntled former employee.
Am I obligated to provide maternity, parental, or other leaves of absence?
The Family Medical Leave Act (FMLA) requires employers with fifty or more employees to provide eligible employees up to twelve weeks of unpaid, job protected leave for covered medical reasons. Eligible employees must have worked a minimum of 1,250 hours in the year prior to the leave and must be taking leave to care for a new child (due to birth, adoption, or foster care) or to care for a seriously ill spouse, child, or parent.
Can my employee refuse to work because of certain working conditions?
The Occupational Safety and Health Administration (OSHA) requires that you provide your employees a workplace that is free from hazards that are likely to cause serious injury or death. Employees have the right to refuse to work in conditions that would be considered reasonably dangerous or life threatening. However, if you addressed the unsafe conditions in accordance with OSHA policy and the employee continues not to work, there may be legal grounds for termination.
How do I learn more about my state’s employment laws?
States often modify federal laws to better protect employees. When this happens, a state’s Department of Labor website should be consulted to determine what regulations are expected to be followed above and beyond what federal law dictates.
For more information on any of the employment laws covered in this article, please visit the U.S. Department of Labor website at www.dol.gov. You may also contact your state labor office listed at http://www.dol.gov/esa/contacts/state_of.htm.