REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW: WAGES AND BENEFITS
MINIMUM WAGE AND OVERTIME
FLSA The Fair Labor Standards Act requires employers to pay all employees at least minimum wage for all hours worked, and 1.5 times normal hourly compensation for all hours worked in excess of 40 in a single workweek (except for employees expressly exempted under overtime provisions). Overtime provisions apply to almost all hourly employees, and to salaried employees who are not "exempt" under these provisions. "Exempt" employees include certain professional employees, certain high-ranking administrative employees, executives with sufficient authority and certain outside sales people. The FLSA also addresses other time-and-pay issues, such as those relating to child labor and to tipped employees. The FLSA applies to almost all employers.
PENSION/WELFARE BENEFITS
ERISA The Employee Retirement Income Security Act sets uniform minimum standards for employer-sponsored retirement, health and benefit plans. ERISA regulates pensions and other benefit plans, but does not require an employer to offer such plans.
CONTINUATION OF HEALTH COVERAGE
COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 requires employers with 20 or more employees to provide employees and their dependents with notice of continuation rights under employer-provided health plans. Notice must be provided upon qualification for benefits and upon the occurrence of a "qualifying event."
GARNISHMENT
Federal law prohibits discrimination against an employee or applicant because of a garnishment for any one debt.
REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW. This guide provides information about the basic requirements for employers under federal labor and employment laws. Greenwald Doherty’s REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW is for informational purposes only and is not legal advice, or a substitute for legal advice. These materials have been prepared by Greenwald Doherty LLP and should not be reproduced without permission. © 2009 Greenwald Doherty LLP, all rights reserved.