Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.
The first thing to check is whether your employer is covered by the federal Fair Labor Standards Act (FLSA) and/or your state's wage and hour law. Because the coverage of these laws is so broad, it's likely that your employer must comply with them.
The next step is to see whether you are considered an "exempt" or a "nonexempt" employee under these laws. If you are exempt, then you are not entitled to overtime pay; if you are nonexempt, then you are entitled to overtime pay.
If you routinely exercise discretion, supervise other employees, and/or make high-level decisions, you are probably an exempt employee who is not entitled to overtime pay. To be one of these "administrative, executive, or professional" employees exempt from overtime under the law, you must be paid on a salary basis (at least $455 per week) and spend most of your time performing duties that require you to use your own discretion and independent judgment.
In addition, workers who do certain types of jobs are not entitled to overtime. Some of the more common jobs that aren't eligible for overtime are:
If you do not supervise others or make important decisions for your company, and you don't work in a field that's not eligible for overtime, then you are probably entitled to overtime pay if you work more than 40 hours in a week or, in some states, more than eight hours in a day. For more information, see Overtime Pay: Your Rights as an Employee.
It depends on how much money you make in tips and on your state's laws. Generally, an employer must pay all employees covered by state and federal wage and hour laws the federal minimum wage ($6.55 an hour as of July 24, 2008) or the state's minimum wage, whichever is higher.
The law gets a bit trickier, however, if you earn tips. Under federal law, an employer is allowed to pay a lower minimum wage -- only $2.13 an hour -- if the employee routinely earns at least $30 per month in tips. But, the employer can do this only if the worker's wages plus tips add up to at least the minimum wage for each hour worked. If the worker ends up earning less than the minimum wage even when tips are figured into the bargain, the employer has to make up the difference.
But some states, including California, don't allow employers to pay tipped employees less than the minimum wage. And some states require employers to pay a higher hourly amount to tipped employees, though still less than the state or federal minimum wage. To find out about the rules for workers who earn tips in your state, contact your state's labor department or go to www.dol.gov/esa/programs/whd/state/tipped.htm on the U.S. Department of Labor's website. For more information on tip credits and tip sharing, see Tips, Tip Pooling, and Tip Credits: What Employees Need to Know.
You may have the right to take leave under your employer's policies, state law, or the federal Family and Medical Leave Act (FMLA). For example, if your employer provides time off for parenting or pregnancy, you may use that leave if you are eligible. Even if your employer doesn't provide pregnancy leave, you may be entitled to take time off if your employer provides leave for other temporary disabilities.
The FMLA requires larger employers to allow covered employees to take up to 12 weeks of leave per year to care for a new child. You can also use FMLA leave for prenatal care and complications from pregnancy, if they constitute a serious health conditions (such as severe morning sickness or medically required bed rest). FMLA leave is unpaid, but you may use your accrued paid leave during FMLA leave. For more information on the FMLA, see Taking Family and Medical Leave.
A number of states have laws similar to the FMLA, which allow employees to take unpaid time off for pregnancy or bonding with a new child. Some states require employers to provide unpaid leave to employees who are physically disabled by pregnancy and childbirth. And, a handful of states (including California) provide partial pay to employees who are unable to work because of pregnancy. These programs, generally part of the state's temporary disability insurance fund, are funded by withholdings from employee paychecks, not from employer contributions. For more information on these paid leave programs, see Paid Family Leave in California, New Jersey, and Washington. For more information on time off for pregnancy and parenting, see Taking Pregnancy Leave and Maternity Leave or Paternity Leave.
Yes. If you are required to attend a training program for work, you must be paid for that time. For example, if your employer requires all new employees to attend an orientation training or requires current employees to attend sexual harassment training, that time must be paid. If you have to travel to take a training program offsite, your travel time must be paid as well. For more information on your rights to be paid for time you don't actually spend working, see Being Paid for Not Working: When You Are Entitled.
You and your wife may both have rights in this situation: You have the right to be reinstated, and she may have the right to take leave to prepare for your deployment.
Your right to reinstatement comes from the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Among other things, USERRA gives you the right to return to the job you would have held if you hadn't taken time off for military service. This means you are entitled to any raises, promotions, or other benefits you would have received if you were continually on the job. See Taking Military Leave for more information.
Your wife will soon have the right to take leave for any "qualifying exigency" arising from your active duty or call to active duty. It isn't clear right now exactly what types of situations are covered as a "qualifying exigency," which is one reason why the law isn't yet in effect. The Department of Labor is expected to issue final regulations soon, which will clarify the situations covered by the law and make this right effective. In the meantime, your wife should ask her employer about taking time off for your deployment; some employers are already offering this type of leave, even though it isn't yet legally required. For more information, see Military Family Leave for Employees.
Your right to be paid for break time depends on state law, the length of your break, and what you do with your break time.
A small number of states require employers to provide paid breaks -- typically, ten minutes of paid break time for every four hours worked. If your state doesn't require paid breaks, then your employer doesn't have to pay you for this time unless:
For more information, see Meal and Rest Breaks: Your Rights as an Employee.
Most likely, yes. Almost every state requires employers to give employees time off to cast their ballots. In some states, employees may take time off to vote only if they would otherwise be unable to do so, but it sounds like you meet this requirement. You might also have to give your employer notice that you'll need time off, or perhaps provide some evidence that you actually used your time off to vote.
Whether you are entitled to be paid for this time also depends on state law. For more information, see Taking Time Off for Voting and Jury Duty.
In about a dozen states and the District of Columbia, employees have the right to take time off work to get restraining orders, seek new housing, get counseling or medical attention, and handle other issues relating to domestic violence. State laws vary in the details, such as how much time you can take, what situations are covered, and what type of notice you have to give. Although this leave generally isn't paid, you may be able to use your accrued paid leave during this time off. For more information, see Domestic Violence Leave: Taking Time Off From Work.
Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.
All Starting a Nonprofit Corporation products >
