Legal Aid Employment Law

Q. Can a firm insist that its non-exempt employees take paid time off rather than cash for working overtime?

A. Generally (and surprisingly), 'comp time' (compensatory time off granted instead of overtime pay) is ILLEGAL under national regulation. Under federal law, if workers work more than 40 hours in a work week, then they have to be PAID for overtime at time-and-a-half. This applies to all workers in most states. Employers may give time off during the exact same week that they work extra hours (e.g., work 10 on Monday, work only 6 on Tuesday), but when they cross the 'greater than 40 hours in a week' threshold, they're entitled to overtime pay. Comp time is allowed within one pay period (e.g., they may have the ability to take some time off next week if they work overtime per week), however if it isn't in the exact same week, the comp time must be supplied in time-and-a-half (e.g., 1.5 hours of time off for every hour of overtime worked).

Q. Exactly what does "vesting" mean?

A. The term "vesting" refers to whether or not the money that has been set aside for you in a retirement plan is yours to maintain if your employment is terminated. The plan outline should explain regarding the vesting schedule of the plan. In general, money you donate to the program (as an instance, via a 401(k) plan) is vested immediately. If you leave employment you'll have the ability to receive your money back, or "roll" it in an IRA or, perhaps into your new employer's 401(k) program. Money given by your employer will become "vested" after you have worked for your company for a specified period of time. Some plans provide for no vesting until after a definite period of time (normally 5 years -- known as "shelf vesting"), and you will be 100% vested. Other plans provide for partial vesting on a graduated basis (as an instance, 20% vested after two decades, 40% vested after 3 decades, etc.).

Q. Is there ever a time when an employer or potential employer can distinguish between two workers or applicants based on gender, religion, age, etc.. ?

A. Yes, there certainly are cases where some of those are "bona fide occupational qualifications" for a job. For example, only men might qualify for only men/boys of a certain age for the function of a boy, and male roles in a film. It is acceptable to get a kosher deli to take its butchers to be Jewish. But, colour and race are never considered bona fide occupational qualifications.

Q. What happens if a worker is injured at work?

A. After injury or illness occurs, it's the employees responsibility to complete a claim form and then submit it to the employer or the state workers' compensation agency/board. Usually, an employer will have the claim forms available. The claim will be submitted by the company . The organization is given an opportunity. If he fails to contest the claim, payment of salary and medical bills will be drawn up by the insurance carrier. When the employer contests the claim to determine whether or not or how much, compensation is owed to the worker A hearing can be scheduled.