Today's Employment Laws
Do you know all of your legal rights?
NOTE: The information on this page is information direct from the US department of Labor and the links take you to their site where you will find lots of other valuable information.
If you believe you have been laid off illegally, immediately contact a lawyer who has experience in employment law. I emphasized employment law because you don't want a rookie taking on this kind of fight Definitely don’t try to go it alone. Here are a few situations that could be considered illegal grounds for your dismissal. You were laid off…
Because your employer wanted to save
accrued benefits.
Because you took time off for a legitimate illness or absence.
For serving on jury duty.
For joining a union.
For legal off-premise conduct.
For bringing forth health or safety violations at your work site.
For military duty.
Because you asked for or took a maternity leave.
Because someone objected to your age, sex, race, religion, or nationality.
For refusing a sexual advancement from a coworker or superior.
For filing a sexual harassment claim at work.
For filing a workers’ compensation claim.
Without proper advance notice (in the case of mass layoffs).
For alleged poor work performance and given no opportunity to improve.
In a manner contrary to policies and procedures as outlined in the company’s
employee handbook.
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, a program of the Employment Standards Administration.
Workers who are covered by the FLSA are entitled to a minimum wage of not less than $5.15 an hour. 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.
In addition to the FLSA, the Wage and Hour Division enforces other labor laws related to wage payment. Among these are:
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.
The Immigration and Nationality Act of 1990 applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations under H-1B visas.
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