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Employment Law 101


As Americans we have many rights and freedoms. As employees in America we have many rights and protections to protect our jobs, well being and safety. Even with many employment protections most employees are always in threat of losing their job, regardless of their job performance.

When can my boss fire me? As general rule most employees are considered to be Employment at Will. Which mean and employer can fire you for a good cause, bad cause or no cause at all. However, there are some protections against the employment-at-will doctrine. Such protection are employment contracts, personal policy and producers and union agreements. Also, federal law protect employees from being terminated for discriminatory purposes, such as race, national origin, religion and gender.

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.

The Occupational Safety and Health Act of 1970 “OSHA” is the federal law that set certain safety standard to eliminate threats to workplace safety.The purpose of the law is to assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes

There are many rights and protections that federal and state laws provide to employees. If employer violate any these laws the employer may be subject to many civil suits, administrative proceeding, or even criminal liability.

Learn more aboutOccupational Safety and Health Act Do It Yourself attorney prepared Employment Contracts

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