Employment Law and the Rights of Workers

The federal and state laws uphold the rights of workers and protect them from all forms of employment discrimination based on gender, pregnancy, race, color, national origin, age, and disability.

Some Basic Employment Laws in the US

  • FLSA Minimum Wage: The current federal minimum wage, which must be followed by covered employers, is $6.55 per hour. However, this will increase to $7.25 on July 24, 2009. In some cases, the federal minimum wage is different from the state's. For example, California has a minimum wage of $8 per hour which is higher compared to the federal law rates. To know what law should be applied, the general rule is that employers should follow the one that will provide more benefits to their workers.
  • FLSA Overtime: This law requires employers to give additional pays to covered employees who will work more than 40 hours a week. According to Los Angeles employment law firms, overtime pay should not be less than one-and-a-half times a worker's hourly rate. Example: hourly rate x 1.5 x number of extra hour = overtime pay ($8 x 1.5 x 2 = $24). Meanwhile, some professions are not covered by FLSA overtime and minimum wage law such as: casual baby sitters, seamen, volunteer workers, small farm laborers, contractual workers, fishermen, criminal investigators, switchboard operators, some computer specialists, some media practitioners, newspaper deliverers, workers from NGOs, and employees from recreation and amusement business.
  • Recordkeeping: All employers should keep time and pay records of their workers.
  • Child Labor Laws: According to the Fair and Labor Standards Act of 1938, young people should only work in an environment that is safe and secure. This Act also prohibits children from working on a job that will deprive them of educational opportunities.
  • Civil Rights Act of 1964: This Act covers a broad spectrum of constitutional rights such as equal employment opportunity, right to vote, access to public accommodations, access to public education, and freedom from discrimination in all federally-assisted programs.
  • Equal Pay Act of 1963: No person is subjected to wage discrimination on the basis of gender. This means that men and women, who are doing the same job, having similar skills, giving the same amount of effort, should receive equal pays.
  • Age Discrimination in Employment Act of 1967 (ADEA): No worker should be subjected to discrimination on the basis of age. This Act protects people ages 40 and above who are the most likely target of age discrimination.
  • Americans with Disabilities Act of 1990 (ADA): No worker should be subjected to employment discrimination on the basis of physical or mental disabilities. This Act requires employers to follow a hiring policy that will not screen out qualified person with impairment and to provide special accommodations to disabled employee.
  • Civil Rights Act of 1991: This Act has been created to strengthen employment laws and to provide monetary compensation to victims of discrimination, retaliation, and other unfair labor practices.

Author Resource:

Article written by Nemilou Despuez. Our Los Angeles Employment Law Firms are competent in handling employment law concerns. Log on to our website for more information.

Article from www.articledashboard.com.