lawyer

Gaining a broader understanding and awareness of employment laws will decrease the likelihood that a business will unknowingly commit a crime, so the following questions and answers have been developed to help everyone understand common employment laws.

When does an employer have to pay overtime?

The Fair Labor Standards Act (FLSA) requires that employers 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 a state’s Department of Labor website because some states require that employers pay employees overtime for excess hours worked each day.

When is an employer 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 and contingent workers be given one paid 10-minute break for every four hours worked and one unpaid 30-minute lunch when an employee’s shift lasts longer than six hours.

What must an employer do when making payroll cuts?

An employer should always make cuts equally across all employees and provide written notice at least thirty days prior to the reduction. Furthermore, an employer 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. an employer can only release details on a former employee’s dates of employment and position(s) held within the company. If asked, an employer can state whether an employee is eligible for rehire, but an employer should not provide specific details regarding poor performance. Furthermore, an employer cannot disclose a current employee’s rate of pay without first obtaining the employee's consent.

What questions cannot be asked during an interview?

An employer 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, which means the potentially discriminatory qualification is justifiably necessary to perform the position being filled. Additionally, an employer cannot ask whether a candidate has a disability, but the hiring manager may ask whether the candidate can perform the job functions with or without reasonable accommodation.