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Under the Fair Labor Standards Act, an employer has to pay each employee the minimum wage, unless the employee is "engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips". If the employee's wage does not equal minimum wage, including tips, the employer must make up the difference.
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of interactive, online tools developed by the U.S. Department of Labor to help employers and employees learn more about their rights and responsibilities under numerous Federal employment laws. They address some of the nation's most widely applicable ...
FLSA: The Fair Labor Standards Act (FLSA) is the federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage standards applicable to most private and public employees. FLSA provides the agency with civil and criminal remedies, and also includes provisions for individual employees to file ...
Some fringe benefits (for example, accident and health plans, and group-term life insurance coverage (up to US$50,000) (and employer-provided meals and lodging in-kind, [22]) may be excluded from the employee's gross income and, therefore, are not subject to federal income tax in the United States. Some function as tax shelters (for example ...
Thus, it is now accepted that multiple factors of traditional common law tests may not be replaced if a statute gives no further definition of "employee" (as is usual, e.g., the Fair Labor Standards Act of 1938, Employee Retirement Income Security Act of 1974, Family and Medical Leave Act of 1993).
Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training ...
It turned first to tests with many factors like the Borello test [16] or economic realities test [41] used by courts in interpreting Fair Labor Standards Act claims. [42] As the Court described, these tests attempt to consider all of the circumstances on a case-by-case basis in determining whether a worker is an employee or an independent ...
National League of Cities v. Usery, 426 U.S. 833 (1976), was a case in which the Supreme Court of the United States held that the Fair Labor Standards Act could not constitutionally be applied to state governments. [1] [2] The decision was overruled by the U.S. Supreme Court in Garcia v. San Antonio Metropolitan Transit Authority. [3]