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Recognizing Your Employees Rights to Avoid Being Sued (Part 2)

By Edited May 7, 2016 0 0

As mentioned in the first article (Recognizing Your Employees Rights to Avoid Being Sued - Part 1), it is your responsibility to make sure that no disputes will arise in the workplace. This task may be accomplished if you recognize the rights of your employees. Remember, violating these rights will expose you to different liabilities, especially if they decide to file a case against you in federal court.

Aside from right to privacy and a hazard-free workplace, here are two other examples of employee rights:

  1. Right to receive a fair salary- If you are not providing a fair salary to your employees, you are depriving them the chance to have a good life and prohibiting them from affording all their daily needs.

Federal and state laws have imposed a standard minimum wage for employees. Under the federal law, employees are entitled to receive at least $7.25 every hour. Meanwhile, each state has its own standard minimum wage. An employee who is covered by both laws is entitled to receive the higher amount of salary.

For example, workers in San Francisco are paid $9.79 per hour while employees in California are paid $8 every hour because the standard minimum wage in these states is higher compared to the amount imposed by the federal law. Meanwhile, the minimum wage in Georgia is only $5.15 per hour so employers in this state are required to follow the federal minimum wage.

  1. Right to receive overtime pay- You are required to provide overtime pay to your employees. The amount that they are entitled to receive should be half of their hourly rate, meaning a 50 percent premium in addition to their hourly rate.

However, not all of your employees are entitled to receive this additional pay. Here are some employees who are exempted from it:

  • Casual baby sitters or those who assist people who can no longer take care of themselves (people who provide nursing care or those who provide home or personal care and other domestic services are not included in the exemption)
  • Criminal investigators
  • Professional, executive, and administrative employees whom you pay on a salary basis
  • Volunteers
  • Workers of recreational or amusement establishments or businesses like country fairs or ski resorts
  • Independent contractors
  • Some switchboard operators
  • Outside salespeople, meaning workers who are tasked to work away from the workplace or those who take orders or sell services and goods to customers
  • Small farm workers

If you have more questions regarding the rights of your employees, it is advisable that you seek legal advice from a Los Angeles employment attorney.

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