State and Federal Systems: Employement Law general regulations

Essay by freme13University, Bachelor'sA, April 2007

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State and Federal Systems � PAGE \* Arabic �1�

Federal and State employment laws follow the same basis for all employees. States can and some do have laws in addition to the federal laws that are in place. There is the Federal Labor Standards Act, which includes minimum age and wage/hour laws, child labor and equal pay laws. Additionally employees are covered by Title VII Civil Rights Act, Age Discrimination Act, Pregnancy Discrimination Act, Family and Medical Leaves Act, and the Americans with Disabilities Act laws that every state must follow.

All states must follow the Fair Labor Standards Act (FLSA) to protect employees with minimum wage per hour requirements of $5.15 an hour that was enforced in 1997 and "overtime pay most be at least one and a half times an employee's regular rate of pay for all hours worked over 40 in a workweek" (U.S. Department of Labor, 2006).

There are unexpected issues with wage and hour laws, such as employees working more then 40 hours a week when the employer did not ask the employee to work over. This happens unintentionally most of the time when an employee comes in a little early and leaves a little late giving the employee more then 40 hours of work time. Most employers may request the employee to leave early on the last work day of the week or even let the employee know that it is unacceptable to work unscheduled hours anymore. If the employee is not paid the overtime rate serious consequences will happen to the employer like "liquidation damages", "payment of all attorney's fees incurred in successfully prosecution the action", and "relatively minor recovery of wages" (Howard, R pg 54 2003)

Furthermore the FLSA's child labor laws are designed to offer educational opportunities of minors and...