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Tuesday, January 12, 2010

EMPLOYMENT LAW


Employment law in the U.S. has traditionally been governed by the common law rule of "at-will employment," meaning that an employment relationship could be terminated by either party at any time for any reason or without a reason. This is still true today in most states. However, starting in 1941, a series of laws prohibited certain discriminatory firings. That is, in most states, absent an express contractual provision to the contrary, an employer can still fire an employee for no or any reason, as long as it isn't an illegal reason (which includes a violation of public policy).

United States labor law is a heterogeneous collection of state and federal laws. Federal law not only sets the standards that govern workers' rights to organize in the private sector, but overrides most state and local laws that attempt to regulate this area. Federal law also provides more limited rights for employees of the federal government. These federal laws do not, on the other hand, apply to employees of state and local governments, agricultural workers or domestic employees; any statutory protections those workers have derived from state law.

The pattern is even more mixed in the area of wages and working conditions. Federal law establishes minimum wages and overtime rights for most workers in the private and public sectors; state and local laws may provide more expansive rights, Similarly, federal law provides minimum workplace safety standards, but allows the states to take over those responsibilities and to provide more stringent standards.

Finally, both federal and state laws protect workers from employment discrimination. In most areas these two bodies of law overlap; as an example, federal law permits state to enact their own statutes barring discrimination on the basis of race, gender, religion, national origin and age, so long as the state law does not provide less protections than federal law would. Federal law, on the other hand, preempts most state statutes that would bar employers from discriminating against employees to prevent them from obtaining pensions or other benefits or retaliating against them for asserting those rights.

Labor Relations

The Department of Labor's Office of Labor-Management Standards (OLMS) is the federal agency responsible for administering and enforcing most provisions of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). LMRDA directly affects millions of people throughout the United States. The law was enacted to ensure basic standards of democracy and fiscal responsibility in labor organizations representing employees in private industry.

The major provisions of LMRDA are: 1) A "bill of rights" for union members; 2) requirements for reporting and disclosure of financial information and administrative practices by labor unions; 3) requirements for reporting and disclosure by employers, labor relations consultants, union officers and employees, and surety companies, when they engage in certain activities; 4) rules for establishing and maintaining trusteeships; 5) standards for conducting fair elections of union officers; and 6) safeguards for protecting union funds and assets.

Other federal agencies listed below provide additional services outside the realm of OLMS in labor relations.

National Labor Relations Board (NLRB) is a federal agency that deals primarily with the private sector in administering the National Labor Relations Act by conducting elections to determine whether or not employees want union representation and investigating and remedying unfair labor practices by employers and unions.

National Mediation Board (NMB) is a government agency specifically providing guidance to the railway and airlines industries in regards to labor management. The NMB programs provide an integrated dispute resolution process to effectively meet the Railway Labor Act's objective of minimizing work stoppages in the airline and railroad industries.

Federal Labor Relations Authority (FLRA) is responsible for providing leadership in establishing policies and guidance related to federal-sector labor management issues such as the resolution of disputes and ensuring compliance with the Federal Service Labor-Management Relations Statute.

Federal Mediation and Conciliation Service's (FMCS) primary responsibility is to mediate collective bargaining negotiations and to otherwise assist in development of improved workplace negotiations

Leave Benefits

Leave benefits allow employees to take time off from work. The extent of the leave and whether it is paid in whole, in part, or not at all is generally a matter of agreement between an employer and an employee (or the employee's representative). Certain types of leave are required by law, whereas other types are voluntary incentives provided by employers. See the list of subtopics to the right to narrow your browsing.

The Department of Labor enforces the Fair Labor Standards Act (FLSA). Often the public thinks that the FLSA regulates "leave benefits." In fact, there are a number of employment practices which FLSA does not regulate. For example, it does not require:

  • Vacation, holiday, severance, or sick pay.
  • Meal or rest periods, holidays off, or vacations.
  • Premium pay for weekend or holiday work.
  • Pay raises or fringe benefits.
  • Discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

The Employee Benefits Survey (EBS) of the Bureau of Labor Statistics (BLS) covers the incidence and characteristics of employee benefits.

Retirement Plans, Benefits & Savings

A pension plan is an employee benefit plan established or maintained by an employer or by an employee organization (such as a union), or both, that provides retirement income or defers income until termination of covered employment or beyond. There are a number of types of retirement plans, including the 401(k) plan and the traditional pension plan, known as a defined benefit plan.

Most private sector pension plans are covered by the Employee Retirement Income Security Act (ERISA). Among other things, ERISA provides protections for participants and beneficiaries in employee benefit plans, including providing access to plan information. Also, those individuals who manage plans (and other fiduciaries) must meet certain standards of conduct under the fiduciary responsibilities specified in the law.

The Employee Benefits Security Administration (EBSA) of the Department of Labor is responsible for administering and enforcing these provisions of ERISA. Click on the agency to find out more about the agency's program. As part of carrying out its responsibilities, the agency provides consumer information on pension plans, as well as compliance assistance for employers, plan service providers, and others to help them comply with ERISA.

For questions about the tax provisions in the Internal Revenue Code relating to pension plans, please contact the Internal Revenue Service (IRS).

For questions about traditional plans that promise workers a specific monthly benefit at retirement, known as defined benefit plans, please contact the Pension Benefit Guaranty Corporation (PBGC). The PBGC also provides a Pension Search Directory to help reunite people with their missing pensions.

Termination

Upon termination of employment, some workers and their families (who might otherwise lose their health benefits) have the right to choose to continue group health benefits provided by their group health plan for limited periods of time. Employers may also be required to provide notices to their employees under the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Health Insurance Portability and Accountability Act (HIPAA). Also, for information on health insurance coverage under the Family Medical Leave Act (FMLA) upon termination, see 29 CFR 825.209(f).

Workers who are unemployed through no fault of their own (as determined under state law), and meet other eligibility requirements, may be eligible to receive unemployment benefits. Unemployment insurance payments (benefits) are intended to provide temporary financial assistance to unemployed workers who meet the requirements of state law. Under the Federal-State Unemployment Insurance Program, each state administers a separate unemployment insurance program within guidelines established by federal law. See Unemployment Insurance.

Equal employment opportunity (EEO) laws prohibit specific types of employment discrimination. Collectively, these laws prohibit discrimination in most workplaces on the basis of age, race, color, religion, sex, ethnic/national origin, disability, and veteran status. In general, if the reason for termination is not because of discrimination on these bases, or because of the employee's protected status as a whistle-blower, or because they were involved in a complaint filed under one of the laws enforced by the Department of Labor (see Whistleblower and Non-Retaliation Protections), then the termination is subject only to any private contract between the employer and employee or a labor contract between the employer and those covered by the labor contract.

Protecting the employment rights of veterans is a responsibility of DOL's Veterans' Employment and Training Service (VETS). VETS protects service members' reemployment rights when they are returning from a period of service through its administration of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Wages

Minimum Wage

The federal minimum wage for covered nonexempt employees is $7.25 per hour effective July 24, 2009. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). Many states also have minimum wage laws. In cases where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages.

The FLSA does not provide wage payment or collection procedures for an employee's usual or promised wages or commissions in excess of those required by the FLSA. However, some states do have laws under which such claims (sometimes including fringe benefits) may be filed.

The Department of Labor’s Wage and Hour Division administers and enforces the federal minimum wage law.

DOL Web Pages on This Topic

Compliance Assistance: Minimum Wage

Questions and Answers About the Minimum Wage
Answers to questions ranging from "how often does the minimum wage increase" to "who ensures that workers are paid at least the minimum wage?"

Minimum Wage Laws in the States
A clickable map that tells you what the minimum wage laws are in your state.

What is the Minimum Wage?
Additional information about the minimum wage.

What is the Minimum Wage for Workers Who Receive Tips?
Additional information about the minimum wage.

Must Young Workers Be Paid the Minimum Wage?
Additional information about the minimum wage.

Information on the Youth Minimum Wage Program
A minimum wage of not less than $4.25 may be paid to employees under age 20 for their first 90 consecutive calendar days of employment, as long as their employment does not displace other workers.

Fact Sheet on Hours Worked Under the Fair Labor Standards Act
Provides general information concerning what constitutes compensable time under the FLSA.

Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet
General information about who is covered by the FLSA.

Related Web Pages on This Topic

Equal Pay Act of 1963 (Pub. L. 88-38)
Equal pay provisions prohibit sex-based wage differentials between men and women employed in the same establishment who perform jobs requiring equal effort, skill, and responsibility. These provisions are enforced by the Equal Employment Opportunity Commission (EEOC).

Laws & Regulations on This Topic

Laws
29 USC Chapter 8, Section 206
Minimum Wage Statutes

Wages

The Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department's Wage and Hour Division.

Workers who are covered by the FLSA are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate of not less than one and one-half times their regular rate of pay is required after 40 hours of work in a workweek. Certain exemptions apply to specific types of businesses or specific types of work.

The FLSA does not, however, require severance pay, sick leave, vacations, or holidays.

The FLSA does not address nonproduction cash bonuses, payments that are not production-based. These bonuses are generally a matter of agreement between an employer and an employee (or the employee's representative).

Benefits such as educational assistance, life insurance, or travel accident insurance are generally a matter of agreement between an employer and an employee (or the employee's representative).

In addition to the FLSA, the Wage and Hour Division enforces other labor laws related to wage payment. Among these are:

  • the Davis-Bacon and Related Acts, which require payment of prevailing wage rates and fringe benefits on federally-financed or assisted construction;
  • the Service Contract Act, which requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the federal government;
  • the Contract Work Hours and Safety Standards Act, which sets overtime standards for most federal service contracts, federally funded construction contracts, and federal supply contracts over $100,000; and
  • the Walsh-Healey Public Contracts Act, which requires payment of minimum wage rates and overtime pay on federal contracts to manufacture or provide goods to the federal government.

The Family and Medical Leave Act (FMLA) provides for up to 12 weeks of unpaid leave for certain medical and family situations (e.g., adoption) for either the employee or a member of the covered and eligible employee's immediate family; however, in many instances paid leave may be substituted for unpaid FMLA leave. A final rule effective on January 16, 2009, updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008.

The Immigration and Nationality Act of 1990 applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations under H-1B visas.

Workplace Safety & Health

Three Department of Labor (DOL) agencies have responsibility for the administration and enforcement of the laws enacted to protect the safety and health of workers in America.

The Occupational Safety and Health (OSH) Act is administered by DOL's Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state systems. Nearly every employee in the nation comes under OSHA's jurisdiction with some exceptions such as miners, some transportation workers, many public employees, and the self-employed. In addition to the requirements to comply with the regulations and safety and health standards contained in the OSH Act, employers subject to the Act have a general duty to provide work and a workplace free from recognized, serious hazards.

DOL's Mine Safety and Health Administration (MSHA) has responsibility for administration and enforcement of the Mine Safety and Health Act of 1977, which protects the safety and health of workers employed in the nation's mines. The Act applies to all mining and mineral processing operations in the United States, regardless of size, number of employees, or method of extraction.

The Fair Labor Standards Act (FLSA) contains rules concerning the employment of young workers, those under the age of 18, and is administered and enforced by DOL's Wage and Hour Division. Intended to protect the health and well-being of youth in America, the FLSA contains minimum age restrictions for employment, restrictions on the times of day youth may work, and the jobs they may perform.

DOL also has a public outreach initiative called Working Partners for an Alcohol- and Drug-Free Workplace that assists employers to develop drug-free workplace programs. Although not required under any DOL laws or regulations, such programs are natural compliments to other initiatives that help ensure safe and healthy workplaces and add value to America's businesses and communities.

The Office of Workers' Compensation Programs administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.

The Office of the Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD) and the SHARE initiative also play a role in the administration of DOL workplace safety and health programs.

RELEVENT ACTS

Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) is the disability related law with which many Americans are most familiar. One part of the ADA, Title I, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, job assignments, pay, benefits, job training, and other employment practices. This part of the law also requires that employers and other specified persons and organizations provide reasonable accommodation for a known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operations of the employer's business. Other parts of the ADA apply to state and local government services and employment, public accommodations, transportation, and telecommunications. The Equal Employment Opportunity Commission (EEOC) has primary responsibility for enforcing the employment-related portions of the ADA, although other Federal agencies, such as DOL's Office of Federal Contract Compliance Programs (OFCCP), also have responsibilities under those portions of the law.

Black Lung Benefits (BLB) Act?

The Black Lung Benefits Act provides benefits, in cooperation with the States, to coal miners who are totally disabled due to pneumoconiosis and to the surviving dependents of miners whose death was due to such disease; and to ensure that in the future adequate benefits are provided to coal miners and their dependents in the event of their death or total disability due to pneumoconiosis.

Davis-Bacon and Related Acts (DBRA)?

The Davis-Bacon Act, as amended, requires that each contract over $2,000 to which the United States or the District of Columbia is a party for the construction, alteration, or repair of public buildings or public works shall contain a clause setting forth the minimum wages to be paid to various classes of laborers and mechanics employed under the contract. Under the provisions of the Act, contractors or their subcontractors are to pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The Davis-Bacon Act directs the Secretary of Labor to determine such local prevailing wage rates.

  ERISA?

The Employee Retirement Income Security Act of 1974, or ERISA, protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire.

ERISA is a federal law that sets minimum standards for pension plans in private industry.  For example, if an employer maintains a pension plan, ERISA specifies when an employee must be allowed to become a participant, how long they have to work before they have a nonforfeitable interest in their pension, how long a participant can be away from their job before it might affect their benefit, and whether their spouse has a right to part of their pension in the event of their death.  Most of the provisions of ERISA are effective for plan years beginning on or after January 1, 1975.
ERISA does not require any employer to establish a pension plan.  It only requires that those who establish plans must meet certain minimum standards.  The law generally does not specify how much money a participant must be paid as a benefit.

ERISA does the following:

 Requires plans to provide participants with information about the plan including important information about plan features and funding.  The plan must furnish some information regularly and automatically.  Some is available free of charge, some is not. 

*Sets minimum standards for participation, vesting, benefit accrual and funding.  The law defines how long a person may be required to work before becoming eligible to participate in a plan, to accumulate benefits, and to have a nonforfeitable right to those benefits.  The law also establishes detailed funding rules that require plan sponsors to provide adequate funding for your plan. 

 Requires accountability of plan fiduciaries.  ERISA generally defines a fiduciary as anyone who exercises discretionary authority or control over a plan's management or assets, including anyone who provides investment advice to the plan.  Fiduciaries who do not follow the principles of conduct may be held responsible for restoring losses to the plan. 

Gives participants the right to sue for benefits and breaches of fiduciary duty. 

Guarantees payment of certain benefits if a defined plan is terminated, through a federally chartered corporation, known as the Pension Benefit Guaranty Corporation. 

Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.

Who is covered under the Federal Employees' Compensation Act (FECA)?

All civilian employees of the United States, except those paid from non-appropriated funds, are covered. Special legislation provides coverage to Peace Corps and VISTA volunteers; federal petit or grand jurors; volunteer members of the Civil Air Patrol; Reserve Officer Training Corps cadets; Job Corps, Neighborhood Youth Corps, and Youth Conservation Corps enrollees; and non-federal law enforcement officers under certain circumstances involving crimes against the United States.

McNamara-O'Hara Service Contract Act (SCA)?

The Act requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues wage determinations on a contract-by-contract basis in response to specific requests from contracting agencies. These determinations are incorporated into the contract.

For contracts equal to or less than $2,500, contractors are required to pay the federal minimum wage of $7.25 per hour (effective July 24, 2009) as provided in Section 6(a)(1) of the Fair Labor Standards Act. Contractors must also, under the provisions of the Contract Work Hours and Safety Standards Act and the Fair Labor Standards Act, pay employees at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

What are workers' responsibilities under the Occupational Safety and Health Administration (OSHA)?

OSHA requires workers to comply with all safety and health standards that apply to their actions on the job. Employees should:

*                     * Follow the employer's safety and health rules and wear or use all required gear and equipment.

*                     * Follow safe work practices for your job, as directed by your employer.

*                     * Report hazardous conditions to a supervisor or safety committee.

*                     * Report hazardous conditions to OSHA, if employers do not fix them.

Occupational Safety and Health Administration (OSHA) standard?

OSHA issues standards or rules to protect workers against many hazards on the job. These standards limit the amount of hazardous chemicals workers can be exposed to, require the use of certain safety practices and equipment, and require employers to monitor hazards and maintain records of workplace injuries and illnesses. Employers can be cited and fined if they do not comply with OSHA standards. It is also possible for an employer to be cited under OSHA's General Duty Clause, which requires employers to keep their workplaces free of serious recognized hazards. This clause is generally cited when no OSHA standard applies to the hazard.

Am I covered by the Occupational Safety and Health Administration (OSHA)?

Most private sector workers in the U.S. are covered by an OSHA regional office under federal OSHA or an OSHA program operated by your state government. Public sector workers in states that run their own OSHA programs are covered by those states. Public sector workers are not covered in states under federal OSHA jurisdiction.

What are my rights under the Occupational Safety and Health Act?

The OSH Act grants workers important rights. Workers have a vital role to play in identifying and correcting problems in their workplaces, working with their employers whenever possible. Often, employers will promptly correct hazardous conditions called to their attention. But workers also can complain to OSHA about workplace conditions threatening their health or safety.

Uniformed Services Employment and Reemployment Rights Act?

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38.

USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country's uniformed services. USERRA makes major improvements in protecting service member rights and benefits by clarifying the law and improving enforcement mechanisms. It also provides employees with Department of Labor assistance in processing claims. Specifically, USERRA expands the cumulative length of time that an individual may be absent from work for uniformed services duty and retain reemployment rights.

Labor-Management Reporting and Disclosure Act (LMRDA)?

The LMRDA is a Federal statute that regulates certain aspects of internal union affairs. Labor organizations comprised wholly or in part of private sector or U.S. Postal Service employees are covered by the Act. The LMRDA includes a Bill of Rights for union members that guarantees union members rights such as the right to participate in union meetings and vote in union elections. The Act also contains reporting provisions that require unions to disclose information about their structure and financial condition, sets forth guidelines for conducting union officer elections, and provides safeguards for protecting labor organization funds and assets. The Department of Labor's regulations that implement the LMRDA are found in the Code of Federal Regulations at 29 CFR Parts 401-459.

What is the Benefit Claims Procedure Regulation (29 CFR 2560.503-1)?

The claims procedure regulation changes the minimum procedural requirements for the processing of benefit claims for all employee benefit plans covered under ERISA, although the changes are minimal for pension and welfare benefit plans other than those that provide group health and disability benefits. For group health and disability benefit claims, the regulation substantially changes the procedures for benefit determinations. Among other things, it creates new procedural standards for initial and appeal-level decisions, new time frames for decision making, and new disclosure rights for claimants. 

FREQUENTLY ASKED QUESTIONS(FAQ's)

What notices must be given before an employee is terminated or laid off?

I am having a baby and want to take some time off from work after the baby's birth. How much time am I entitled to take?

What is a Wage Determination?

Can an employee be required to perform work outside of the employee's job description?

How many hours is full-time employment? How many hours is part-time employment?

When are pay raises required?

ANSWERS

What notices must be given before an employee is terminated or laid off?

The Fair Labor Standards Act (FLSA) has no requirements for notice to an employee prior to termination or lay-off. In certain cases, employers must give the workers advanced notice of mass layoffs or plant closure. The Warn Act provides specific information on advance notice, employer responsibility and workers rights during mass layoffs or plant closure.

Some states may have requirements for employee notification prior to termination or lay-off.

I am having a baby and want to take some time off from work after the baby's birth. How much time am I entitled to take?

The Family and Medical Leave Act (FMLA) of 1993 entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave each year with continued group health insurance coverage during the leave for specified family and medical reasons, including the birth or adoption of a child, or placement of foster children.

The first step is to determine if your employer is covered under the Act. The Act covers private employers who employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Public agencies, as well as public elementary and secondary schools, are covered employers regardless of the number of employees.

The next step is to determine your eligibility under the Act. To be eligible, you must have worked for your employer for at least 12 months, have worked at least 1250 hours during the past 12 months, and work at a location where your employer employs at least 50 employees at the site or within 75 miles of the site. The 12 months you are required to have worked for your employer do not have to be consecutive. FMLA is enforced by the Wage and Hour Division in the Employment Standards Administration of the U.S. Department of Labor.

Some states have laws that are more generous than the federal law. Check with your regional Women's Bureau office or local Wage and Hour Office for information about your state's law. In addition, some employers offer more generous benefits than the federal and state laws, so check your employee handbook or personnel policies, or talk to a human resources officer in your organization.

What is a Wage Determination?

A "wage determination" is the listing of wage rates and fringe benefit rates for each classification of laborers and mechanics which the Administrator of the Wage and Hour Division of the U.S. Department of Labor has determined to be prevailing in a given area for a particular type of construction (e.g., building, heavy, highway, or residential).

The Wage and Hour Division issues two types of wage determinations: general determinations, also known as area determinations, and project determinations. The term "wage determination" is defined as including not only the original decision but any subsequent decisions modifying, superseding, correcting, or otherwise changing the rates and scope of the original decision.

In accordance with the provisions of 29 CFR Part 1 and Part 5, the wage rates and fringe benefits in the applicable Davis-Bacon wage determination shall be the minimum paid by contractors and subcontractors to laborers and mechanics.

Can an employee be required to perform work outside of the employee's job description?

Yes. The Fair Labor Standards Act (FLSA) does not limit the types of work employees age 18 and older may be required to perform. However, there are restrictions on what work employees under the age of 18 can do. This is true whether or not the work asked of the employee is listed in the employee's job description.

How many hours is full-time employment? How many hours is part-time employment?

The Fair Labor Standards Act (FLSA) does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.

When are pay raises required?

Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the federal minimum wage are not required by the Fair Labor Standards Act (FLSA).




 


 

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