When it comes to labor law, most employees have at least one thing that they are confused about, misinformed about or for which they are afraid to ask their employer about because they fear the answer or fear retribution in the form of losing their job.
Here are some of the most common questions asked and answered:
Q: I’m a waitress. Can my employer legally deduct monies from my paycheck for a customer who skips on a check?
A: Generally, no, but some states have laws in affect that allow this under specific circumstances. It is best to research the laws within your state of employment. The State Labor Commissioner’s office is a good place to start.
Q: I stay past my shift to do stuff like close the store, make deposits to the ATM and some simple accounting, but I am not paid for it. Is my employer required to pay me for that time?
A: Yes, absolutely. Any work that is part of your job, either before or after work, must be paid for by your employer if it takes more than a couple of minutes. For example, punching out and then the time it takes to lock the door is considered perfectly legal. On the other hand, if you clock out and then stay to clean the bathrooms, wash the windows or make a trip to the bank, your employer is required, by law, to pay you for your time.
Q: I worked 40 hours from Tuesday through Friday but had taken Monday off as a paid sick day. Am I due overtime pay?
A: Normally not. Overtime usually applies to the hours you actually worked, not to sick or vacation time. In this instance you should definitely be paid for 48 hours at your regular rate of pay: 40 hours for the hours you worked and 8 hours for your sick time. Company policy may differ though, so if you think that you are not being paid properly, ask your HR office to point out the statute that is pertinent to your situation. Your state’s Department of Employment should also be able to answer your question.
Q: Is my employer required to have Worker’s Compensation coverage?
A: Every single state requires that an employer carry Worker’s Compensation coverage on each employee. Most states allow the purchase through private insurance companies, though some may require a policy obtained through an agency of the state government. In this regard, if you are injured and your employer tells you that your injuries are not covered by Worker’s Compensation, then by all means contact your state’s Labor Commissioner. That office will either be the governing office or will be able to point you to the governing office. An alarm should also go off if your employer offers monetary compensation or to pay your medical bills out of his or her own pocket. In many cases you can be off work for an extended time and he or she will not be held legally accountable without Worker’s Compensation Insurance in place.
Q: Is my employer required to give me time off?
A: It depends upon how many employees your employer has. Federal law only regulates for larger employers, those with 50 or more employees. These employers are required, by law, to provide up to 12 weeks of time off for an employee with a serious health condition or for specific members of their immediate family. This same law guarantees reinstatement after taking lawful leave, even if a portion of that leave was unpaid. State laws differ, especially when pertaining to small businesses, but most states have laws on the books that govern the granting of time off for voting, care of minors, pregnancy, drug and alcohol rehab, domestic violence and sick time.
These are just a few of the most commonly asked questions. The best course of action is to always take the issue up with your employer. But, if you are intimidated by your employer or feel that your job may be in jeopardy, then you might want to skip the talk with your boss and go directly to your State Labor Commissioner or the Federal Department of Labor. Both numbers should be located in the telephone directory or can be located online. The same will hold true if you do choose to approach your employer and then find yourself unemployed shortly thereafter. You are protected, by law, and you have rights. Don’t hesitate to exercise them.