What is the federal minimum wage?

The federal minimum wage for covered nonexempt employees is $5.15 per hour.

 

What is the federal minimum wage for workers who receive tips?

An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips.

 

When is overtime pay due?

For covered , nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek.

 

What notices must be given before an employee is terminated or laid off?

The Fair Labor Standards Act (FLSA) has no requirements for notice to an employee prior to termination or lay-off.

 

How many hours per day or per week can an employee work?

The Fair Labor Standards Act (FLSA) does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.

 

When someone signs a release to allow a potential employer to access their credit report can the authorized person also check the applicant's criminal record?

Criminal record checks (local jurisdictions and federal) are fairly standard for most employers. However, unless there is a nexus (relevance) between a credit check and the position for which you have applied - you would have a perfectly legitimate reason to decline to have your credit history included in the background clearance.

I've worked in HR for quite a few companies, and credit checks are standard for any type of management or sales position. We would never consider hiring someone who didn't sign the authorization, any more than we would hire a convicted mass murderer. If you have collections, a bankruptcy or repossession on your credit history, discuss it with the employer before they do the credit check. Some will be understanding, and some won't. It's an unfortunate paradox that a negative credit history can keep you from getting a good job -- the old "the rich get richer" adage.

If they want to check both your credit history and your credit score, they need to inform you of both of those actions beforehand. An authorization to check a credit report is governed by FCRA (Fair Credit Reporting Act). The criminal background checks do not fall under FCRA. They also need to send you a copy of the information that they receive if you submit a written request to them. If you are not hired as a result of the information contained in either report, they need to send you a letter letting you know that the hiring decision was based on the information provided in one of the reports.

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Can a previous employer inform a prospective employer the reasons for an employee being fired?

There are no federal statutes forbidding employers from saying what they want about former employees. State laws prohibit defamation (slander and libel), which is broadcasting false info about a person when the communication is not privileged. Honestly reporting that someone was fired can't be slander. Honestly reporting that someone was fired for absenteeism (etc.) can't be defamation either.

A growing trend is state law that grants employers the same "privilege" as doctor-patient, or lawyer-client: what one employer says to another about a former employee can't be anyone else's business - not the courts', not the employee talked about. No defamation suit possible. Washington is the latest state to add that to its laws.

 

What might happen to a police officer who has just developed epilepsy?

Epilepsy is usually manageable with the right medication. I would think that it would depend on department regulations and civil rights laws. Perhaps you should contact your PA rep. and discuss what your options might be.

I have heard of a Police Officer who joined up with epilepsy - as far I am aware it hasn't caused any problems for them.

Obviously the person has to be "seizure free" in order to drive ANY car. If not "seizure free" they are not able to continue their employment, because being a licensed driver is a basic requirement for all Police Officers, everywhere.

Talk to your HR dept or Union rep and/or contact the EEOC. Under the Americans with Disabilities act, they have to make reasonable accommodation for your disability. Reassigning you to a non-driving position while your medication is being regulated may well be a reasonable accommodation.

 

If an employer suspends an employee 'pending investigation' what information does he have to give the employee?

There are several factors here to consider. The 1st would be a historical precedent of such. That is why it is always important to document everything. If you show documentation on the following - That similar behaviors/situations resulted in a similar consequence historically - That you have documented the information on why the current employee will be, grounds for such, and terms of the condition - it's ideal for you to have historical documentation on that employee doing anything right/wrong to reaffirm your current decision
 

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Is it legal for your employer to force you to stay later than your schedule says?

Health care workers in the state of New Jersey have won a five-year court battle which bars hospitals and nursing homes from forcing employees to work overtime, except in the case of emergencies. Union officials and nurses say the law will improve patient safety and prevent mistakes that can be made by people who have been on the job for up to 16 straight hours. The law went into effect on Tuesday, Feb. 17, 2004. New Jersey becomes the second state to bar forced overtime on health care workers. The other is Washington. West Virginia lawmakers recently passed a similar law that awaits Gov. Bob Wise’s signature. "Finally, states are beginning to put laws in place that will protect both the direct care providers and the patients. The USWA’s Health Care Workers Council (HCWC) is looking forward to helping other states pass similar bills," said Maria Somma, the Steelworkers' HCWC International Organizing Coordinator. The New Jersey law covers all hourly workers who provide patient care or clinical services, including nurses, nurses aides, pharmacists, therapists, technicians who do tests and similar workers, but not doctors. The law covers hospitals, nursing homes and home health care. It includes penalties of up to $1,000 per day for each day it breaks the law. Whistleblowers cannot be fired or disciplined. Nurses say the improved working conditions should draw personnel who had quit in frustration back to the bedsides, helping to reduce staff shortages.

 

Can you be turned down for a job for having a misdemeanor?

An employer is under no requirement to say "WHY" you didn't get a job.

 

What is the difference between an employee and a sub-contractor?

Basically an employee is TOLD what to do, how and when to do it. Is paid by the time doing it and has taxes taken out. An independent contractor just completes the job, provides his own tools and does it when and how he wants it.

 

Can an employer ask an employee's debt collector to stop calling?

Yes. In fact, it is a violation of the federal Fair Debt Collection Practices Act for a debt collector to contact you at work if your employer disapproves and they are informed of this fact by you or your employer. You or the employee can tell the debt collector to stop. Simply interrupt him and say, "This is my work number. Do not call me here again." And then hang up. 99% of the time, that will take care of it.

 

Can an employer ask a perspective employee about their illegal use of drugs?

The right to engage in illegal behavior is not protected by the constitution or employment laws. In fact, there is no such right. Of course, they may not receive an honest answer, either. Most company's don't ask, they just do drug testing if they're concerned about a drug free workplace.

 

If your fiance is transferred out of state can you get unemployment if you quit to move there too?

No you cannot collect unemployment if you volentarily quit your job.

 

If a potential employer asks if you have committed any crime are you obligated to say yes if a certain amount of time has passed since the conviction?

Yes you are obligated to tell them. Upon signing the application at the bottom it usually say "under penalty of pergury". It doesn't mean they will take you to court for lying but, they can certainly fire you without cause. If you are worried about this you can go to the local court house in your area (depending on how severe the crime)and apply to appear before a judge and have your record "sealed" this means that if they run a criminal record on you -these "sealed" document will not show up. Say you robbed a store with a knife-1. possession of weapon 2. theft you would have to go to court for and apply seperately for each charge even if it was from one incident. They best thing to do however, is be honest. If you show you have nothing to hide - this shows character and honesty and that you have changed since the incidents happened. You may not get the job but, you are also not letting your past haunt you. Anyways, it usually says at the bottom "your answer will not affect hire". Give them the benefit of the doubt by being honest.

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How long do you keep employment records?

You should keep all your employment records to prove in court though social security will only need to see 7years, it's worth keeping the last 10 years as a precaution

 

Do all jobs have to offer disability for pregnancies?

US Federal law requires that employers give employees up to 12 weeks of unpaid leave for birth of a child, adoption, or to care for a sick relative. Each company decides if the leave will be paid, but usually it is not. Some states require that maternity leave be treated like any other disability so, yes, it is included. You will receive disability pay that is a fraction of your normal salary - usually 1/2 to 2/3. Illinois is such a state.

 

Can companies find out about a criminal record through the SIN?

If you are reffering to the Canadian Social Insurance Number, then the answer is a resounding NO!!!! The Social Insurance Number is an identity number for tax and Employment Insurance forms. It has nothing to do with criminal records in Canada. Only a Police service can get criminal records information in Canada.

 

What part of FICA does the employer pay?

Your employer is forced to pay 7.5% of your wages to Social Security (FICA). This is in addition to the 7.5% FICA deduction you see on your check stub.

 

Can an employer ask how you would get to your job?

Yes, because your job may require you to have a car for one reason or another. If you are a woman, some companies are very safety conscious and their place of business may require you to go through a rough part of town. This question in an interview is not meant to be personal and there is no reason you can't answer. f

 

Could you be fired if you failed to mention a previous employer on your application and it has been 4 years?

You CAN be, because you lied on your application, and some companies are real sticklers about that. WILL they-- like some say, if you're do a good job, probably not. If they uncover it, just say you forgot to put it down.

 

Does the employer have to give you thirty days to clean up after a dirty urine test or hair test?

No. If you didn't sign a contract pertaining to such an event, you could be terminated on the spot. You have the option of quitting at any time and the employer has the right to discharge you at any time.

 

Can you be arrested after being fired by a company for theft?

Usually you sign a statement when hired in stating you will not steal and such. Stealing is a crime....being at a job does not forfeit the law.

 

Can an employer legally record phone conversations?

You should also know that anyone has a right to record his or her own conversations. Any conversations you have with your employer may be legally recorded. Check company policy and confirm if you have entered into any agreements with your employer to allow such practice. Information may also vary state-to-state.

 

What are the privacy laws for employment verification?

Privacy laws don't really apply to employment verification. Many US employers are reluctant to give a bad reference, because they fear they will be sued. Other companies have a policy that they give only neutral references, or only verify dates of employment (and possibly salary and/or rehire eligibility.) The only information they are LEGALLY prohibited from sharing would be your medical history.

 

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* The information below should be used for informational purposes only and is not legal advise. Read our disclaimer.