In-depth Knowledge Of Your Employment Case – Giving Yourself Time To Build A Strong Defense

Having in-depth knowledge about your employment case is very important to build a strong defense. There are several acts and laws that apply to your employment case and you might not be even aware of them. Several employment law firms have attorneys and assistants specifically assigned for the task of educating their clients regarding the same. Employment law firms such as Shegerian Conniff suggest that you find out what laws and acts apply to your employment case and only then move forward with it.

Statutory Minimum Wage To All Employees

If your employment case pertains to minimum wages awarded in your organization, the Fair Labor Standards Act is going to apply. This requires that your employer pays a statutorily prescribed minimum wage to all his employees except for the ones that fall under a certain age limit. They may be paid a different amount such as a training wage or apprenticeship payment amount and the like. These are usually valid for up to 180 days. This act also says that the employer is required to pay overtime to all employees who are non exempt from this provision. The rate is usually one and one and half times the regular pay of the employees. For every hour that they have worked in excess of the standard 40 hours per week, they are entitled to this overtime payment. There are other federal and state laws that may direct the employer to pay higher overtime rates. According to the Fair Labor Standards Act and the various provisions contained in it, there might be numerous exemptions from the minimum wage and overtime payment requirements that might be applicable to your employment case. Find out from your attorney which acts and provisions are more relevant to your particular employment situation.

Do You Belong To A Uniformed Service Community?

If you belong to a uniformed service community or are an employer of such servicemen, the USERRA applies to you. This is a federal law that establishes and governs the rights and responsibilities of both employees and employers. Ask your employment law firm / attorney about their knowledge regarding the same before you move forward with your employment case.

What Happens When You Have A Complaint Regarding Unlawful Hiring Procedures Of Your Employer?

This is a very sensitive issue that is raised by several employees across the country. Immigration Reform and Control Act says that it is absolutely unlawful for any employer to hire any individual who is not authorized legally to work in the United States. Every employer / enterprise / organization regardless of what their industry or their scale of operation is, has to verify the identity and eligibility of their employees /potential workers before they hire them for the job.

Making Changes To Your Existing Employment Agreements-How Valid Is This?

There are two primary ways to edit / modify any existing employment contracts. The first is pre-existing duty rule and the second is the restatement of contracts approach.

According to the pre-existing duty rule, doing what is defined as your obligation is not consideration. Changes from both the sides / parties to the contract are required for there to be consideration. This says that changes in any employment contract should always include some type of consideration which can be in the form of signing bonus or additional wages.

According to the restatement of contract approach, one sided changes are possible. It is written in section 89 of this law that, if any modification is fair and equitable, it is acceptable if it promises to modify a duty which hasn't been fully performed under a contract on either side. It is also binding if the activity hasn't been performed to the extent provided by statute or to the extent that enforcement is required.

This applies to all those agreements and contracts that have not been fully realized or exercised. These contracts and agreements are still very much open to revision and changes. Make sure to educate yourself beforehand.

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