FAQs – Employment Law

FAQs – Employment Law

Am I entitled to holiday or vacation pay?

No.  Per the FLSA (Fair Labor Standards Act, an employer is not required to pay any additional amount of money for holidays, especially if you do not work on that day. However, if you do have holiday pay accrued, then upon separation (via being fired or quitting) then the employer may be required pay any holiday pay accrued.

Does my employer have to give me any notice before I'm fired or laid off?
No. There are no federal mandates requiring an advanced notification before an employee is laid off or terminated. The only exception would be if there’s any terms in the contract with your employer or if you’re part of a labor union that specifies such actions.

How do I contact my local labor office?
Using the link below you can find the contact information to your local labor office.
State Labor Offices
Is my employer required to give me a meal break?
There are no federal mandates that would require an employer to give an adult employee a meal break. However, there are individual state laws that mandate meal breaks. You can find out more information about your particular state through the list at the U.S. Department of Labor website. Please click on the link below to open a new page to see the state listing.
Meal Period Requirements Under State Law For Adult Employees in Private Sector

What is the current minimum wage?
Currently, the federally-mandated minimum wage rate is $7.25/hour. However, the minimum wage varies from state-to-state. Please see the website below to find the wage rate for your state.
Minimum Wage Laws in the United States

However, the federal hourly wage for tipped workers is $2.13/hr. A tipped worker is one where the worker’s regular hourly pay plus tips equals to at least the federal minimum wage (i.e. $7.25/hour) and receives at least $30/month in tips. If the hourly rate plus tips do not equal to the federal minimum wage amount then the employer must pay the employee the difference. you can view the hourly tipped wage amounts here:
U.S. Department of Labor Wages For Tipped Workers

What is the maximum number of hours an employee can be worked a day or week?
There are no federal mandates limiting the number of hours an employer can work an employee. There may be additional laws that are applicable on a state level. Please check with your local department of labor. In addition, fields such as driving may have their own laws under the U.S. Department of Transportation limiting the number of hours a worker can be behind the wheel.

When am I eligible for overtime?
Overtime pay takes in to effect after working forty hours in a work week. There are certain exceptions to this rule. In particular, those in public services such as firefighters, police officers, nurses, and hospital personnel. Please see the corresponding information for the respective fields of work below:
Fact Sheet #8: Police and Fire Fighters Under the Fair Labor Standards Act (FLSA)
Fact Sheet #31: Nursing Care Facilities Under the Fair Labor Standards Act

When do I get my last paycheck?
There are no federal mandates on when an employer must give a former employee their last paycheck. However, individual states do have their own laws in regards to final payment of wages earned. Check with your local labor office.
State Labor Offices