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If you own a restaurant that has employees, you have to follow labor laws when it comes to how much you pay them, the hours they work and at what age they can start working. The Fair Labor Standards Act sets labor law for minimum wages, overtime, child labor law and the reporting requirements for businesses, including restaurants. If your restaurant does $500,000 or more of business annually, or if you're engaged in business across state lines, then you have to meet these labor law requirements.
Ask an average American worker what she's looking forward to that day and chances are break time will come up. Most businesses give employees two or more short breaks a day along with a lunch break, which workers may assume is the law of the land. In fact, employers generally don’t have to offer work breaks under federal law, although breaks can be required in special cases.
The federal Fair Labor Standards Act (FLSA) protects all U.S. citizens, whether they are permanent or temporary employees. Temporary workers help small businesses handle fluctuating personnel needs at a reasonable cost. Your company can add workers during the busy season, find replacements for permanent employees out on leave or evaluate prospective candidates for permanent job positions.
The work requirements employees face differ depending on the policies set by employers, but certain work rules are established by labor laws enforced by the federal government. Some companies require employees to work standard 9 to 5 workdays five days a week, while others give workers more flexibility in setting their own schedules. Federal labor laws do not address flextime directly, but employees who have flexible schedules may be subject to overtime work laws.
Employment practice liability is also known as EPLI insurance. Get a definition of employment practice liability insurance with help from a business and finance professional in this free video clip.
Only certain types of people need to carry workers' compensation insurance, and you may or may not be one of them. Find out who must carry workers' comp insurance with help from a Chartered Property and Casualty Underwriter in this free video clip.
If an employee is hurt at work and does not report the injury as worker's compensation, a few things could happen next. Learn what happens if an employee is hurt at work and does not report the injury to worker's compensation with help from an attorney that runs his own practice in this free video clip.
There are many advantages put in place in the tax code for veterans and, specifically, disabled veterans. Find out about tax filing for disabled vets with help from a certified public accountant and financial planner in this free video clip.
When you open any program, including Firefox, your computer will save temporary data to your physical memory and a page file. Because your computer constantly swaps data between these two locations, you may see an error if your page file has been disabled; you will have to edit system settings to enable it.
Worker's Comp insurance is also known by its longer title - Worker's Compensation. Find out about Worker's Comp insurance with help from a lawyer in this free video clip.
When it comes to federal employees, "outside employment" is anything that falls within a few specific guidelines. Learn what constitutes outside employment for federal employees with help from an attorney in this free video clip.
Solid state drives store and access data without moving parts, improving response times over hard drives in all drive-intensive activities, such as booting up and loading games. Despite the benefits, the high cost of SSDs precludes most users from simply purchasing the largest drive. When picking between a 256GB and a 500GB SSD, consider what you need to put on the drive, whether you have additional storage drives, your level of computer knowledge and your budget.
Non-statutory labor exemption is a very specific law that all employers and employees should know. Learn about non-statutory labor exemption with help from a licensed attorney who specializes in financial information in this free video clip.
The Internal Revenue Service requires a company that buys goods or services from another party for business purposes, or hires employees or independent contractors, to obtain a Form W-9 from them. A W-9 allows the payer to prove his deductible expenses and requires him to withhold from payments backup withholding if the payee owes back federal taxes. Whether a payee will have backup withholding taken from his payment depends on his exempt or non-exempt status.
Employment laws that affect whether a company can fire an employee without reason vary by city and state. However, at least one federal law generally favors the employer, unless city or state laws include certain exceptions. Other determinants of a person's employment rights may be dictated by labor agreements or conditions that were stipulated at the time of the hiring.
The majority of states require that employers acquire workers compensation insurance to ensure that employees who are injured or disabled on the job receive monetary awards, and to provide financial support for dependents of workers who are killed because of a work-related accident or illness. State workers compensation programs are “no fault” systems that provide wage replacement and medical benefits to injured and disabled employees regardless of the cause of the work-related accident or disease, unless it is purposely self-inflicted. For example, an employee may receive such benefits if his hand is crushed while working on an assembly line. In…
A driveway is private property in Philadelphia, owned by the property owner. However, owners of abutting properties usually have deeded rights to use a driveway, and these owners are responsible for sharing the cost of repair and maintenance. If a new driveway is to be constructed, the contractor must obtain a building permit before the work can begin. The process for obtaining the permit is simpler when the driveway is for an existing structure, particularly when the structure is a one- or two-family residence. If the new driveway replaces an existing one condemned by the city -- because of defective…
Wage garnishment typically occurs after you default on a debt obligation and the lender has exhausted all other methods of collecting its money. However, because the chief concern of lenders is the collection of outstanding debts, you may have payment arrangements that you can make after wage garnishment if you can prove to your lender that you have the ability to consistently make payments on time.
As much as a worker values his employment, he also values his well-being. In the United States, the Employment Retirement Income Security Act (ERISA) protects health and retirement benefits earned from an employer. Specifically, with regard to retirement plans, the act requires a maximum time period before benefits become vested. Furthermore, ERISA aims to protect existing retirement plans by setting rules for retirement fund managers.
Privacy in the workplace is a touchy subject for both employers and employees. The question of what actions employers are authorized to take to prevent fraud, theft or shrinkage -- including searching your purse -- raises emotional hackles on both sides of the table. Just how far the constitutional right to privacy extends into the workplace depends on how much notice the employer gives and the specific company policies.
When an individual dies, his assets and property usually pass to his heirs according to instructions he left behind in his will. However, if the individual didn't sign a will before he died, or if his will is invalid, the court will distribute his property according to inheritance laws published by the state.
Most American workers have the right to form a union with fellow coworkers and negotiate with an employer as a group over wages and working conditions. A union employee generally has access to negotiated methods for resolution of disputes, and can utilize these methods if he feels that he has been wrongfully terminated. However, membership in a union does not prohibit an employee from seeking a legal decision in court.
Tennessee state law permits a creditor to repossess a defaulting debtor's property that is used as collateral to secure a loan, including an automobile for a car loan. State law also requires the creditor to follow certain procedures and provide certain notices, especially if the creditor wishes to also sue the debtor following a repossession.
Almost all Pennsylvania workers are covered under the Pennsylvania Workers’ Compensation Act or alternate compensation laws for specific types of workers such as railroad workers, longshoremen or civilian employees of the federal government. Generally, the majority of injuries, regardless of negligence, that are sustained during the course of a worker’s employment are covered under the Pennsylvania Workers' Compensation Act. Nonpayment of workers’ compensation benefits, also known as workmen's compensation benefits, can occur when an employer fails to carry requisite workers’ compensation insurance or when a workers’ compensation insurance provider fails to pay a worker covered under its policy to his…
California doesn't set a limit on the amount of money an employer can garnish from a private student's paycheck and remit to the creditor that the student owes. Therefore, students living in the Golden State fall under federal garnishment limits, according to the website BCS Alliance. Federal laws don't limit the total dollar amount a student can pay, but they do establish limits in terms of maximum percentages based upon the type of debt owed and the student's other financial responsibilities.
The federal government has laws in place concerning overtime and minimum wage pay. States also have laws governing these issues. The law varies from state to state, but in general, all employees who are paid hourly are entitled to higher pay for each hour over 40 hours per week. Federal employees in Ohio qualify for the same overtime benefits as other workers in the state.
In Tennessee, you can sue your employer if you are fired in violation of public policy, generally referred to as a wrongful termination lawsuit. As with all lawsuits filed in civil court, Tennessee law sets a deadline by which you can file a wrongful termination lawsuit. The legal deadline is called the statute of limitations. In most cases, the statute of limitations for your wrongful termination lawsuit is one year from the date you are fired; however, some exceptions do apply.
If you file for unemployment in Georgia, as in most other states, your most recent employer can deny you benefits if it considers you at fault for losing your job. However, if your most recent employer denies your initial unemployment claim and you disagree with its decision, you may file an appeal with the Georgia Department of Labor Unemployment Insurance program.
Requiring an employee to take on additional responsibilities at work is the sole prerogative of the employer in most cases. An employee may refuse to perform these new tasks, but doing so often comes with a risk of termination. Employees with existing employment contracts have a larger degree of protection against changes in job description than at-will employees.
Even though Wisconsin is an “at will” state in terms of employment, employees do have the right to file for wrongful termination under certain circumstances. Fired employees who file documents alleging wrongful termination must initially do so through state agencies. Potential relief includes reimbursement of lost wages, reinstatement, compensation for stress and suffering, attorney’s fees, court costs and punitive damages.
Although the EEOC receives tens of thousands of complaints each year, only a few hundred require a lawsuit. While you might have grounds for an EEOC complaint, the EEOC resolves most disputes with the employer outside of court or tells the filer to drop the case. For the EEOC to accept your complaint as a case of potential discrimination, you must file your case in a timely manner and with sufficient information.
Proper identification is a necessity if you want to prove who you are to pick up a package, purchase alcohol or gain access to a club or bar. A government-issued photo identification -- such as a non-driver ID card, permit or license -- should always be carried with you. If you misplace your Pennsylvania permit or it gets stolen, you need to apply for a replacement permit with the Pennsylvania Department of Transportation.
The federal Family Medical Leave Act protects you from losing a job because of a serious medical condition. If the medical condition occurs as a result of a job-related accident, you will receive workers' compensation benefits as specified under state law to pay for medical treatment and, if necessary, rehabilitation. Depending on the facts of this situation, your employer may place you on FMLA leave even while you are receiving workers' compensation.
Job loss, whether due to a layoff or firing, often causes serious strain to a household's finances. Temporary income through unemployment benefits from the Georgia Department of Labor may provide some financial help while the worker looks for a new job. The reason for the worker's termination may affect whether he can receive unemployment benefits; a worker who was fired may have more trouble persuading the Georgia Department of Labor to approve his claim.
All states allow creditors to obtain judgments against debtors in default. When a creditor obtains such a judgment, he may be able to use it to garnish your wages. However, he can do this only if your state's law permits it and you have sufficient wages available for garnishment.
California employers can provide accurate information about former employees during reference checks by other employers. Not all employers choose to give this information, however, and out of concern about possible litigation, many give only basic information about an employee's tenure during a reference investigation.
Most workers in the United States without an employment contract are considered to be employed "at will." This means either the employer or employee can end the relationship at any time for any reason, within other state and federal laws. Labor union employees who work under a collective bargaining agreement have some legal protections against employer actions such as wrongful termination.
When you're injured on the job, it's reassuring to know your employer has made provisions to help you with your doctor's bills and household expenses. It may become stressful, however, if you suspect you've received more benefits than you should have. States generally have laws in place to help ensure that you don't have to spend the rest of your life wondering if someone is coming after you to recover the overpayment.
Most employment in California is governed by Labor Code section 2922, which states that an employment for an unspecified term is "at the will" of employer and employee. This generally means that an at-will employee can quit his job and that the employer can terminate the employee without either side having to give a reason. A significant restriction on the employer's right to terminate an employee, though, is that the employer cannot do so if the termination would violate certain statutes or an important public policy.
An employee usually earns commission pay through the sale of goods and services, including automobiles, real estate and even warranty plans. When a worker leaves a position, the employer must pay outstanding money from commission sales to the employee in accordance with state law. The employer may also have to abide by company or corporate policy in making payments from commission sales.
Some employee terminations may violate federal or state law. The legality of the termination depends on whether the employee was an at-will employee at the time of his termination. An employee can sue his employer under a wrongful termination claim if the employee can prove that he was not at-will pursuant to his employment contract. If an employee is terminated without cause, despite a contract that states that he can only be terminated for cause, the employee may have a viable wrongful termination claim based on a breach of contract theory. Also, the employee has a claim for wrongful termination…
The California Division of Labor Standards Enforcement is responsible for administering the state's employment discrimination laws. The federal Equal Employment Opportunity Commission administers the federal equal employment opportunity laws. California is an employment-at-will state, so an employer in California can terminate employees for any legal reason or no reason. A non-compete agreement with an employer is not legal in California, so will not provide a legal cause of action to sue him for wrongful termination based on such agreement.
Although Texas has some of the most strident laws concerning wage garnishment, some types of creditors can collect from Texas residents. The process is less complex than it seems; usually, all the out-of-state creditor/plaintiff must do is ask a Texas court to enforce the out-of-state court's judgment.
Each year, many foreign nationals come to the United States to work by applying for one of several visa categories available through the United States Citizenship and Immigration Services. If you are working in the United States by virtue of your status as an L1 visa holder, you may legally form a company in the U.S. However, you may not actively work in the company unless you change your visa status.
Before you construct, or have a contractor construct, a deck on your property, you'll likely need a building permit. A building permit is relatively easy to obtain. It simply requires filling out an application. You'll also need to provide necessary paperwork to substantiate your application. A building permit is also relatively inexpensive. Expect to pay between $40 and $300, depending on your specific location and the work to be done.
Hospitals and medical facilities employ a variety of technologists. These important staff members have specialized vocational educations in various aspects of patient care and medical support, including sterilizing surgical instruments, assisting in surgery, analyzing laboratory specimens, taking X-rays and operating diagnostic equipment, such as magnetic resonance imaging (MRI) machines. When a facility asks a technologist, or any staff member, to be available for work if called, it must pay an "on-call" rate for restricting the use of the employee's personal time.
When you work a long shift, your employer may offer you a lunch break or other rest period. Such breaks aren't required by federal law, but some states require employers to offer them. In states where these laws exist, employers may be able to force you to take a meal break.
Lunch breaks allow employees the opportunity to eat and take a rest from the stress of work. As there are no federal laws that mandate a meal break for employees, an employer can, in theory, deny employees a lunch break. However, certain conditions may make this an illegal action.
Federal and Ohio labor laws allow employers to compensate employees in a variety of manners. An employer may choose to pay an employee a fixed salary, an hourly rate, a percentage of sales or a rate per item produced. Whichever manner is chosen, the employer must comply with the labor laws for the method of compensation. For employers that compensate on a salary basis, it is important to understand that the the minimum wage and overtime laws are still relevant.
In struggling economies and competitive job markets, employers are looking to hire the best available candidates. Any blemish on your record can be detrimental. One of the most sensitive and difficult matters is explaining why you were fired from a previous job. While the circumstances vary, the best strategy is to be honest and open but to get to the matter as briefly as possible and move on to more positive aspects of yourself.
