DOL Posters

September 16th, 2006 Posted by Emily

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. These laws are stated on DOL posters.

One of the DOL posters specifically discusses minimum wage. Covered nonexempt workers are entitled to a minimum wage of not less than $5.15 an hour. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.

Every employer of employees subject to the Fair Labor Standards Act’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments to allow employees the ability read it. The content of the notice is determined by the Wage and Hour Division of the Department of Labor.

Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act, the McNamara-O’Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act shall also display a poster prescribed by the Wage and Hour Division explaining the conditions under which special minimum wages may be paid. The poster needs to be posted in a conspicuous place on the employer’s premises where employees and the parents or guardians of workers with disabilities can readily see it.Although the FLSA maintains a minimum wage requirement and other laws, it does not dictate everything concerning wages. For instance, pay raises are generally a matter of agreement between an employer and employee (or the employee’s representative). Pay raises to amounts above the Federal minimum wage are not required by the FLSA.

Additionally, extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative). The FLSA does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee’s regular rate for time worked over 40 hours in a workweek.

No Comments >> Posted in Federal Labor Laws,Regulations

All In One Labor Posters

September 16th, 2006 Posted by Emily

Some of the statutes and regulations enforced by agencies within the Department of Labor require that posters or notices be posted in the workplace. There are so many of these posters and so many different fines for not following the mandates, that it may be easier to post All In One labor posters.

Here is a list of US Department of Labor Workplace Poster Requirements for small businesses and other employees:

1. Job Safety and Health Protection Act – You must post this is you are a private employee engaged in a business affecting commerce. Employers in states operating OSHA-approved state plans should obtain and post the state’s equivalent poster. Any covered employer failing to post the poster may be subject to citation and penalty.

2. Equal Employment Opportunity is the Law – Post copies of the poster in conspicuous places available to employees, applicants for employment, and representatives of labor organizations with which there is a collective bargaining agreement. Also, non construction contractors or subcontractors with 50 or more employees and a contract of $50,000 or more should develop an equal opportunity policy as part of an affirmative action plan and post the policy on company bulletin boards.

3. Federal Minimum Wage – Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act must post this poster. Any employer of employees to whom sec. 7 of the Fair Labor Standards Act does not apply may alter or modify the poster legibly to show that the overtime provisions do not apply.

4. Notice to Workers With Disabilities Paid at Special Minimum Wages – Where an employer finds it inappropriate to post such a notice, the employee may provide the poster directly to all employees subject to its terms.

5. Your Rights Under the Family and Medical Leave Act – Willful refusal to post this poster may result in a civil money penalty by the Wage and Hour Division not to exceed $100 for each separate offense. Where an employer’s workforce is not proficient in English, the employer must provide the notice in the language the employee speaks. The poster must be posted prominently where it can be readily seen by employees and applicants for employment.

6. Uniformed Services Employment and Reemployment Rights Act – The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA. Employers may provide the notice by posting it where employee notices are customarily placed. However, employers are free to provide the notice in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).

7. Notice: Employee Polygraph Protection Act – The Secretary of Labor can bring court actions and assess civil penalties for failing to post. The Act extends to all employees of covered employers. The poster must be displayed where it can be readily observed by employees and applicants for employment.

Then there are notices that are dependent upon your particular business. As you can see, getting All In One Labor Posters may be the easiest way to be sure you are following the law.

No Comments >> Posted in Federal Labor Laws,Regulations

Federal Mandated Posters

September 16th, 2006 Posted by Emily

According to Federal mandated posters, a new overtime law went into effect in late August, 2004. It changed some of the U.S. Federal rules and regulations on older federal mandated posters that enforce an employee’s right to overtime pay. Although people are calling these changes the new overtime law, lawmakers actually modified the overtime provisions of a very old Federal law called the Fair Labor Standards Act (FLSA). The FLSA was enacted in 1938, and covers minimum wage and child labor in addition to overtime pay.

Below is a summary of the changes to the FLSA rules and regulations that comprise the so-called new overtime law. However, at this writing the new law is still under debate, because lobbying groups such as unions are fighting it.

The new overtime law didn’t increase the overtime pay rate as some workers thought it might. Rather it increased the minimum salary employees must earn, for employers to legally classify them not eligible for overtime pay. Consequently, lower-paid employees who were not eligible for overtime pay under the old law are now eligible under the new law.

Meanwhile, the minimum overtime pay rate under the new overtime law is still the same as it was under the old law. Employers must pay overtime at a rate of one and one-half times an employee’s regular pay, for hours worked in excess of 40 per workweek. For example, if you normally earn $20 per hour and are eligible for overtime pay, then your employer must pay you overtime of at least $30 for each hour you work in excess of 40 in a workweek.

More, such as double-time, is still a matter of agreement between employees and employers under the new overtime law, the same as it was under the old law. However, because the FLSA sets only the minimum standards, your state or locality might have an overtime law that enhances the Federal standards.

No Comments >> Posted in Federal Labor Laws,Regulations

Ohio and Federal Labor Law Poster

September 16th, 2006 Posted by Emily

The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. The most sweeping federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act (FLSA). The Ohio and Federal Labor Law Poster states that the child labor provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety.

FLSA restricts the hours that youth under 16 years of age can work and lists hazardous occupations too dangerous for young workers to perform. Enforcement of the FLSA’s child labor provisions is handled by the Wage and Hour Division of the Department’s Employment Standards Administration.According to the Ohio and Federal Labor Law poster, the Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors (individuals under age 18) working in jobs covered by the law. The rules vary depending upon the particular age of the minor and the particular job involved. As a general rule, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16.

Also, the FLSA generally prohibits the employment of a minor in work declared hazardous by the Secretary of Labor (for example, work involving excavation, driving, and the operation of many types of power-driven equipment). Each state also has its own laws relating to employment, including the employment of minors. If state law and the FLSA overlap, the law that is more protective of the minor will apply. Child labor laws vary from state to state. Please consult your state department of labor for this information.

Nonagricultural employers must also post the Minimum Wage Poster listing minimum age requirements in a prominent place at the worksite.

No Comments >> Posted in Compliance Issues,Employer Requirements,Labor Law Posters,Ohio

Unemployment Insurance Law Poster

September 16th, 2006 Posted by Emily

In general, the Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own (as determined under State law), and meet other eligibility requirements of State law.

Unemployment insurance payments (benefits), as stated in the Unemployment Insurance Law poster, are intended to provide temporary financial assistance to unemployed workers who meet the requirements of State law. Each State administers a separate unemployment insurance program within guidelines established by Federal law. Eligibility for unemployment insurance, benefit amounts, and the length of time benefits are available are determined by the State law under which unemployment insurance claims are established.

In the majority of States, benefit funding is based solely on a tax imposed on employers. (Three (3) States require minimal employee contributions.) To determine if you belong to one of the three states, read the required Unemployment Insurance Law poster.

To be eligible for UI, you must meet the State requirements for wages earned or time worked during an established (one year) period of time referred to as a “base period”. (In most States, this is usually the first four out of the last five completed calendar quarters prior to the time that your claim is filed.) You must also be determined to be unemployed through no fault of your own (determined under State law), and meet other eligibility requirements of State law.

In order to file a claim, you should contact the State Unemployment Insurance agency as soon as possible after becoming unemployed. In some States, you can now file a claim by telephone or over the Internet. It generally takes two to three weeks after you file your claim to receive your first benefit check. Some States require a one-week waiting period; therefore, the second week claimed is the first week of payment, if you are otherwise eligible.

No Comments >> Posted in Federal Labor Laws,Regulations,Uniformed Services Employment Reemployment Rights Act

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