Pittsburgh Employment Law Blog

What does the Fair Labor Standards Act cover?

There are many things that the Fair Labor Standards Act (FLSA) requires of employers. It is imperative that you have at least a basic understanding of the applicable points of this law so that your company can comply with them.

Knowing the law also prevents your company from making concessions to employees that don't have to be made.

Protect your business against claims of retaliation

Employees have very specific rights when they are working. One of these is that they shouldn't have to work with the fear of being retaliated against when they make a complaint against something illegal that's going on within the business. You must have a specific plan to combat the possibility of retaliation happening.

In order to ensure that your company isn't having to work against claims of retaliation, you need to understand what it can entail. It means any adverse employment action that is taken as a result of a protected status. Some examples of protected actions include filing a complaint of sexual harassment, blowing the whistle about a company breaking laws or cooperating with an investigation against the company.

Policies protect your company from legal actions

Protecting your company is a priority, and you are one of the best people who can do this based on the fact that you are the business owner. It is imperative that you take the steps that are necessary to ensure that everyone in your company has what they need to do their jobs without having any legal missteps.

We know that trying to think about what might go wrong so you can protect your company against them isn't an easy task. We are here to help you learn about what you need to do to minimize the chance that you are going to have to deal with a liability.

Federal law defines a workweek

The Fair Labor Standards Act (FLSA) is a set of laws that's meant to ensure that employees have consistent guidelines present for employers. Many components of the act have to do with the pay that employees receive. Factors like minimum wage and overtime pay are covered here.

Many components of the act are based on a workweek. The starting day of the workweek is set by the employer. It must always start on a specific day and at the same time. It continues on for 168 hours over the course of seven days, each of which consists of 24 hours.

Employment litigation issues require careful handlilng

Employers must ensure that they are taking steps to protect their business from things that can lead to legal issues. One of the primary areas that they need to focus on is employment law. It is imperative that companies take care of their workers since those individuals are the face of the company.

Employees are protected by several laws, which businesses must comply with at all times. It can be difficult for companies to stay abreast of all these laws, especially when they change. However, it is necessary to do so because failing to comply with laws can damage the company.

Minimize the risk of employee-related legal issues

Protecting your company from legal action can sometimes feel like a full-time job. It is necessary that you do this in a variety of areas. One of these is your employees. You don't want to leave any room for a disgruntled employee to find something to sue over. There are several things that you can do to minimize the chance of this happening.

Employment law is a very complex area of focus. You have to be familiar with many laws and codes to properly protect your company. Setting up the code of conduct for your employees must not have anything that is going to violate laws like those against discrimination or the Fair Labor Standards Act (FLSA).

Do you need to preface a firing with a warning?

One of your employees has not been getting the job done. Their performance simply hasn't been what you were looking for. They haven't done anything that warranted firing them instantly, but you do know that it's time to let them go and find a replacement.

Your big question here is whether or not you need to warn that employee first. Do they deserve a warning so they can try to keep their job? Do they need one? What are your legal obligations? Can you just call them into your office and fire them at the end of the week?

Has recent federal legislation shaped how tip pooling is handled?

The U.S. Congress made changes to the Fair Labor Standards Act (FLSA) in the spring of 2018. One of the primary matters that the legislators addressed with these policy updates is how tip pooling should be handled.

Representatives with the U.S. Department of Labor (DOL) introduced a Notice of Proposed Rulemaking (NPRM) in December 2017. That NPRM called for the rescission of certain tip regulations instituted in 2011 by President Barack Obama's administration.

Owners owe it to their businesses to protect them

Small businesses, much like young ones, can feel more fragile than their larger brethren in the marketplace. When things are just getting started, many businesses are sole proprietorships. One person owns it, and that person is responsible for most or all of the company's actions or expressions. But this is not the only issue, and it is generally not the safest.

Limited liability partnerships and corporations (LLPs and LLCs) can help protect owners' and operators' personal assets. The legal structure of these organizations keeps those sorts of assets separate, so individuals behind the businesses have a better chance at weathering a lawsuit or other challenge. But people can do a lot to protect their businesses regardless of their forms.

Know the contents of the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a group of regulations that govern how employers treat employees. The ones related to pay are often cited, so it is imperative that employers know what's contained in the FLSA. This enables them to take the necessary steps to reduce the chance that they will face litigation for violations.

It is imperative that you keep accurate records for employee hours. The hours they work per week can determine how much they should make per hour. One provision in the FLSA is that employees who work more than 40 hours per workweek are supposed to receive 1.5 times their normal salary for every hour over that amount. The FLSA also covers situations involving tips and host of other pay related issues.