Labor laws in the United States provide many protections that you should be aware of to prevent you from suffering abuse or mishandling regarding your service provision or employment.
The Fair Labor Standards Act, FLSA, establishes the rules for minimum wage, employment of minors, overtime pay and pregnancy, which apply to both full-time and part-time workers. Below, we list a summary of everything you should know and keep in mind about this law: Before we begin, it is important that you remember that your rights are guaranteed by the Constitution, and that you can always contact Conexión Legal to request a free consultation that, if applicable, will lead you to obtain the best possible compensation from a Hispanic lawyer who will provide you with absolute transparency.
- Minimum wage: workers who fall within the scope of the Act and are not exempt are entitled to a federal minimum wage of $7.25 per hour. Depending on the state where you are located, the minimum hourly wage may be higher. In Florida, for example, it is $8.05 per hour, while in New York it is $9 per hour.
- Overtime: non-exempt workers must be paid overtime. This is a time-and-a-half rate of their regular rate after 40 hours of work. That is, if one works more than 40 hours, they must receive at least time-and-a-half their regular hourly wage. This applies to each hour worked over 40 hours.
- Tips: the employee who receives tips is one who participates in occupations for which they regularly receive $30 or more in tips per month. The employer may consider those tips as part of their salary. However, they must pay them directly at least $2.13 per hour in direct wages.
- Minimum wage for youth: employees under 20 years of age may receive a minimum wage of no less than $4.25 per hour during the first 90 consecutive calendar days of employment with an employer. However, employers are prohibited from replacing other employees with employees receiving the youth minimum wage. Partial replacement is also prohibited, such as reducing the hours or salaries or benefits of other employees.
- Nursing mothers: among the labor laws in the United States is the Patient Protection Law. This law requires the employer to provide reasonable time for an employee to express milk from her breasts for the nursing baby. This applies even during a period of one year after the birth of the child whenever the employee needs to express milk. This rule also requires the employer to provide an adequate location. One that is not a bathroom, that is hidden from view and free from intrusion by colleagues and the public. Which the employee could use to express milk.
- Pay equality provisions: the Fair Labor Standards Act (FLSA) provisions on pay equality prohibit wage differentials. These based on gender between men and women who are employed in the same establishment. Those who perform work that requires the same skill, the same effort and the same responsibility. In other words, those who perform under similar working conditions. These provisions, as well as other statutes that prohibit employment discrimination, are enforced by the Equal Employment Opportunity Commission (EEOC).
If after reading this you still have doubts, or worse, you notice that your rights are being violated, do not waste time and contact Conexión Legal immediately by calling 1 800 201 1220 or write to us via WhatsApp to receive free consultation of the highest quality and connect you with labor attorneys who can handle your case professionally and ethically.
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