labor lawAdivision of labor law center

HR compliance is more important than ever, with recent news that the U.S. Department of Labor filed suit against a Houston employer for not keeping adequate records of employee time worked, including weekly time sheets. U.S. Secretary of Labor Elaine Chao wants to send a clear message to employers that violations of labor rights will not be tolerated.

“To protect workers, last year the department deployed additional investigators to the Gulf Coast region to better ensure that employers fully comply with wage and hour laws,” said US Secretary of Labor Elaine Chao. “This legal action is among our many efforts on behalf of these workers who are doing vital work for the Gulf Coast region’s recovery and who deserve and are entitled to receive all the wages they have earned.”

While busy employers may think of HR compliance as a minor matter, to the Department of Labor, violations are a serious offense. The recent suit filed by the U.S. Labor Department confirms Secretary Chao’s caution against employers who violate labor rights. The suit, to recover over $500,000 in back wages for employees working on the Mississippi Gulf Coast, alleges that the employer committed violations of the Fair Labor Standards Act.

The U.S. Department of Labor’s Wage and Hour Division (WHD) filed the suit against a Houston drywall firm for violating the labor rights of employees. Specifically, the employer misclassified employees as independent contractors, in order to avoid overtime payments mandated under the federal Fair Labor Standards Act (FSLA).

The drywall company performed on contracts for reconstruction along the Mississippi Gulf Coast. The WHD investigation of the Beau Rivage Hotel and Casino contract in Biloxi, Miss. and other worksites, found that the company owner regularly misclassified employees as independent contractors and failed to pay them the additional half time overtime premium for hours worked over 40 in a workweek. The company also failed to maintain accurate records of employees’ wages and hours of work.

Vacation forms are critical for U. S. employers who provide their employees with paid or unpaid time off. They’re a great way to keep track of approved vacations and prevent disagreements between employees regarding who requested a holiday week off first.

Most U.S. employers require that employees schedule vacations in advance. Many use vacation request forms. The form provides an objective record of the dates the employee is requesting off, and when they made the request. Many employers can only approve a few vacation requests for a particular week, to ensure that their businesses are adequately staffed.

The vacation forms allow employers to track employee vacation requests. A vacation calendar is also convenient, to get an overview of staffing.

U.S. law does not require paid vacation time. The Fair Labor Standards Act, which established minimum wage and overtime provisions, includes no mention of vacation or holiday time. According to the U.S. Department of Labor, “Employers don’t have to pay employees for time off.”

In fact, U.S. employers don’t even have to offer unpaid vacation time. Vacation policies are strictly voluntary for employers, but many offer it as a benefit to attract and keep top quality employees.

If employers do offer vacation pay, then they must apply the vacation rules fairly, based on the employee handbook or written policies. Employers who administer vacation policies unfairly run the risk of lawsuits by disgruntled employees.

Some employers choose to shut down operations entirely for a week or longer, giving every employee vacation at the same time. This is most common in restaurants and factories, but may occur in other businesses such as a dental practice. In a few states, including New Hampshire, employees who are forced to take unpaid time off during such a closure are entitled to unemployment insurance. On the other hand, the state of Georgia specifically prohibits employees in unpaid vacation closures from collecting unemployment insurance payments.

In the state of Georgia, posters outlining the state and federal labor laws must be clearly and visibly posted in every workplace.  These posters must be in an area where all employees will have access to them, so employee work rooms, break rooms, mail rooms or anywhere else where employees are likely to gather before, during or after work will suffice as long at the posters are visible in the area.

Georgia poster requirements are not arbitrary laws.  The information found on the posters is important information to help employees and employers ensure that they are working in a law-abiding environment.  Employees can use the posters to help stay aware of their rights, to know what their employers can and cannot do according to the state and federal labor laws and to know where to go if they need to file a complaint or report a grievance against an employer who is acting unlawfully according to the labor laws.  Employers can also use the Georgia posters to their benefit.  The posters specifically outline what they can and cannot do under the labor laws that apply to them.  For example, the posters outline the Equal Pay for Equal Work Act so employers will know what they need to do to remain lawful and under what conditions employees can earn differing pay for the same types of work.

Georgia posters need to outline both state and federal laws.  The state laws include information on the No Smoking Notice, Workers’ Compensation, Unemployment Insurance, Equal Pay or Equal Work and Vacation Notices.  The required federal laws include USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act and OSHA – Job Safety and Health Protection.

Labor laws often change and these changes need to be reflected on the posters by law.  That’s why it’s important for employers to make sure they have the most current Georgia posters posted in their workplaces.