The Fair Labor Standards Act was enacted in 1938 to protect workers’ rights to a minimum wage and overtime compensation. This law also provided protections for child labor in the U.S. Companies that willfully violate the wage and hour provisions of the FLSA may face criminal prosecution and fines of up to $10,000 per violation.
While non-exempt, statutory employees in New Jersey are entitled to receive overtime pay for the hours that they work above 40 in a workweek, exempt workers are not entitled to the overtime premium. While the Fair Labor Standards Act and New Jersey’s labor laws regulate the rules concerning worker pay, little guidance is provided for
Most working people are given time to eat lunch during their workdays. While lunch breaks help to boost morale and increase health, employers are not required to provide them in New Jersey or Pennsylvania. Federal law likewise does not mandate the provision of lunch breaks to employees. While multiple states have enacted laws to govern
Under the federal Family and Medical Leave Act, eligible employees who work for employers that are covered by the law can take as much as 12 weeks of unpaid leave each year to care for their serious health conditions or the health conditions of their family members. This leave is unpaid, but the workers’ jobs
On March 18, Congress passed and President Trump signed a bill to help Americans as they deal with the coronavirus pandemic. Multiple provisions in this law provide protections for workers. The employment law attorneys at Swartz Swidler believe that people should understand this bill and the changes it could make. A detailed list of the
While employers are allowed to fire most workers in New Jersey or Pennsylvania at any time and for nearly any reason or no reason at all, there are some exceptions to this rule. Employers cannot terminate workers for discriminatory reasons based on their protected statuses. They also cannot fire workers to retaliate against them for
Some businesses use pay docking and unpaid suspensions as methods of employee discipline when their employees violate their workplace rules. These forms of discipline are problematic when they are used to discipline employees who are statutorily exempt from overtime rules. If your pay has been docked or you have been placed on an unpaid suspension
Parents and expectant mothers in New Jersey are able to take unpaid leave from work under the federal Family Medical Leave Act or the New Jersey parental leave law. Expectant mothers are also protected under state and federal laws that prohibit pregnancy-based discrimination. New Jersey is also a state that has a paid leave program
In order to classify you as an independent contractor or as an exempt employee, your employer must first meet specific criteria. If you are misclassified by your employer, you may be cheated out of money on a daily basis. In many cases, it is obvious that a worker who is classified as an independent contractor
The Fair Labor Standards Act offers multiple benefits to workers within the public and private sectors. Under the law, employees enjoy rights in all aspects of their work. The law regulates the minimum wage, recordkeeping responsibilities and overtime pay. Employers who violate the employment laws may be subjected to criminal and civil penalties. To learn more about your