Contractual Aspects to Consider Under New US Labor Laws

The new United States labor legislation provides, among other aspects, that workers who fall under the scope of the law and are not exempt have the right to a federal minimum wage of $7.25 per hour; however, 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 and in New York $9.00. In particular, the recommendation is to study labor laws according to your state, and thus, you will be able to confirm the correct minimum wage value that corresponds to you.

Likewise, non-exempt workers must be paid overtime. This is a rate of time and a half of their regular rate after 40 hours of work. That is, if one works more than 40 hours per week, they must receive at least time and a half of their regular hourly wage. This applies to each overtime hour worked beyond the 40 hours.

Furthermore, if you participate in occupations for which you regularly receive $30 or more in tips per month, the employer may consider those tips as part of your salary; however, they must pay you directly at least $2.13 per hour in direct wages.In case of injustices or evasion on the part of your employer to make the increases that have been formalized, you can seek legal advice that will help you know if you have a viable case with which you can proceed and demand what corresponds to you. At Conexión Legal, we have free assistance from employment attorneys ready to protect your interests.

What Does the Fair Labor Standards Act (FLSA) Indicate?

This discusses pay equality, these prohibit wage differentials 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 work under similar working conditions.

These provisions, as well as other statutes that prohibit employment discrimination, are enforced by the Equal Employment Opportunity Commission (EEOC).

In the future contract that you come to sign when establishing a new employment relationship, all of these points must be respected. Furthermore, if you are a young person under 20 years old, you must receive a minimum wage greater than $4.25 per hour. The above must be done during the first 90 consecutive business days of employment with an employer.

However, employers are prohibited from replacing other employees with employees receiving the youth minimum wage, and likewise partial replacement is prohibited, such as reducing the hours or salaries or benefits of other employees.

What Does the Law Consider for Patient Protection?

For mothers in the nursing period, this law requires the employer to provide reasonable times for an employee to breastfeed her newborn without inconvenience or to express the milk that may be necessary from her breasts.

The above applies even during one year after birth whenever the employee needs to express milk. This standard also requires the employer to provide an adequate location, which is not a bathroom, which is hidden from view and free from intrusion by colleagues or any other person.

Other aspects to consider in the contract are that you can work full-time or part-time, where generally, a full day is 40 hours per week and part-time can be up to 30 hours per week.Work hours in the United States typically run Monday through Friday from 9 to 6 p.m., with one hour for lunch and two 15-minute breaks. However, one-third of Americans work more than 40 hours per week, and usually, as you advance on the employment scale, you have a greater workload.

Remember that in case of any type of injustice, discrimination or matter involving labor issues that harm you, there are laws that protect you and guarantee support to end uncomfortable situations, so the guidance of an employment attorney is essential for your process.

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