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An employer can use a single LCA for multiple employees provided they are all in the same occupation and the same visa class (i.e., a single petition cannot be used for both H-1B and E-3 workers). Also, in the case of H-1B-dependent employers, different petitions must be used for exempt and non-exempt workers. [15]
The Department of Labor (DOL) has a duties test that employers can use to determine which employees are exempt. Non-exempt employees, by comparison, typically earn an hourly wage or salary that ...
The following are the thresholds for determining whether an employer is classified as H-1B-dependent. Note that for the first column below, only employees in the United States should be counted, but this can include other employees on H-1B or another temporary worker status, as well as United States citizens and lawful permanent residents.
Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
However, after the Taft–Hartley Act of 1947, the National Labor Relations Act of 1935 § 158(a)(3) was amended to ban employers from refusing to hire a non-union employee. An employee can be required to join the union (if such a collective agreement is in place) after 30 days. [240]
The purpose of the Department of Labor is to foster, promote, and develop the well-being of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. In carrying out this mission, the Department of Labor administers ...
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
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 ...