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Compensation
Federal and state employment laws concerning wages and overtime are complex and impose significant responsibility on employers. If your business has employees, it may be in your best interests to retain an experienced and skilled employment law attorney to ensure that you are in compliance with the requisite laws.

Minimum Wage
Minimum wage is the most common compensation issues that employers face. The federal government, through the Fair Labor Standards Act (FLSA) (also known as the federal wage-hour law), establishes a federal minimum wage. All employees covered by the FLSA must be paid at least the federal minimum wage. Despite the national standard, states set their own minimum wage rates. Where there is a difference in the rate of minimum wage between a state and the FLSA, the higher rate applies.

Overtime
Generally, the FLSA requires that overtime pay be one and one-half times the regular rate of pay. Normally, the overtime rate is required for hours worked above forty hours in a work week. However, certain states require instead that overtime pay applies after eight hours have been worked in a day, despite the number of hours an employee has already worked in that week.

Exempt Employees
Whether an employee is covered by the FLSA and whether that employee is eligible for federal minimum wage and overtime pay protection can be a complex question. Not every employee will be covered under the FLSA and those who are not are exempt employees. Conversely, employees who fall within the scope of the FLSA are called nonexempt employees.

Basically, most private employers who have employees engaged in interstate commerce and most government workers are covered by the Act. However, the law carves out exceptions from coverage for certain types of employees. These exceptions, very generally, include: salaried white-collar employees in executive, administrative, professional, and outside sales positions; agricultural workers, apprentices; babysitters; certain computer personnel; certain highly compensated individuals; certain workers with handicaps; certain younger workers; workers in particular trades or industries; and tipped employees. Keep in mind that this as coverage under the Act can even vary from employee to employee within the same business, this is a genera list.

As this area of law can be very complicated, if you have a question regarding wages and overtime issues, it is best to consult with an employment law attorney.


Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your employment law needs.
FAQ's
Q: How do I find out if a(n) (potential) employee is legally permitted to work in the United States?
A: Before hiring a new employee the federal government requires that the (potential) employee fill out an I-9 form. This form asks for proof of eligibility to legally work in the United States. This form does not have to be turned into the federal government but must be kept on file for at least three years and be open to inquiry by government officials.

Q: Is disability an acceptable reason for refusing to hire a person?
A: This is only an acceptable reason if the disability will prevent the employee from performing an essential function of the job. However, if there can be a reasonable accommodation made that will permit the disabled applicant to perform the essential task, the accommodation must be made.

Q: Is disability an acceptable reason for refusing to hire a person?
A: This is only an acceptable reason if the disability will prevent the employee from performing an essential function of the job. However, if there can be a reasonable accommodation made that will permit the disabled applicant to perform the essential task, the accommodation must be made.

Q: Do I have to give reasons for not hiring someone?
A: No. A reason does not have to be given for not hiring an employee. But caution should be taken if there is the possibility that an illegal decision was made.

Q: How much do I have to pay my employees?
A: Compensation depends on the employee. Generally, if the employee is not in an executive, professional, or supervisory role, you would have to pay the individual at least minimum wage (state or federal, which ever is higher). Keep in mind also that some industries and other categories of employees may fall under certain minimum wage exemptions.

Q: Can I fire an employee for any reason?
A: The answer to this question depends on the state and the type of job the employee holds. Most states have what is called "at-will" employment. This means that the employee can be fired at any time for any legal reason. Some jobs are covered by contract in which case a legitimate reason would have to be offered for termination.
Resources
This site features all of the federal government information of employment practices and laws regarding such things as wages and hiring. This site also provides links to state law documents.

This site provides an overview of laws within the scope of the EEOC. These laws include Title VII of the Civil rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The site also features a short question and answer section.

Official United States Government Website - The official U.S. government website provides both general information and also access to online forms for use by an employer. Links to the IRS and the United States Citizenship and Immigration Service are provided.

Legal Information Institute - This site provides general legal information about employment law. The site also provides information on specific employment related subjects such as pensions and workers' compensation.

Occupational Safety and Health Administration - This site provides detailed information on safety standards that have to be followed in most industries. This link is both employee and employer centered.