I don’t think it’s a surprise to anyone that the new administration supports workers and worker rights. The Secretary of Labor has launched a new campaign called “We Can Help”. This campaign was initiated to provide a resource for workers on their rights in the workplace and to give them information on how to submit a complaint if they feel they have been the subject of a Wage and Hour violation.
This national campaign spearheaded by the Wage and Hour Division of the Department of Labor is specifically targeted at low wage employees who work in home health care, janitorial work, hotel/motel services, construction and food services. The goal is to help these employees gain access to services offered by the Department of Labor. The national campaign was kicked off by Secretary Solis before an energized crowd of workers and community advocates.
“I’m here to tell you that your president, your secretary of labor and this Department will not allow anyone to be denied his or her rightful pay — especially when so many in our nation are working long, hard and often dangerous hours,” said Secretary Solis at the University of Illinois, Chicago. “We can help, and we will help.”
“We Can Help” Information Offered to Workers
- Minimum wage for nonexempt employees is $7.25 per hour which went into effect July 24, 2009.
- Exceptions to minimum wage are workers with disabilities, youth under 20 years, full-time students, tipped employees and student learners.
- Minimum wage for tipped employees is $2.13. If the employee does not make the equivalent of minimum wage between pay and tips the employer is obligated to make up the difference.
- Workers under 20 years old have a minimum wage of $4.25 for the first 90 days of employment and then must receive $7.25 per hour.
- Employers of full-time students can obtain a certificate from the DOL allowing them to pay 85% of minimum wage until the student graduates and then they must be paid $7.25.
- Students are also limited to working 8 hours per day and no more than 20 hours in a week during school sessions. Students can work 40 hours when school is not in session.
- Employers may obtain a certificate from the DOL to pay high school students (student-learners) enrolled in vocational classes 75% of minimum wage as long as the student is enrolled in a vocational training program.
- For states with higher minimum wages, the employee is entitled to the higher of the two.
- Minimum wage applies to businesses with at least $500,000 in gross revenues.
- Pay raises are not required by FLSA.
- Extra pay for working nights or weekends is not required by FLSA but nonexempt employees must be paid time and a half for hours worked over 40 in a standard work week.
- FLSA does not require payment for time not worked such as sick time, vacation or holidays.
- Severance pay is not a requirement of FLSA.
- FLSA does not require breaks or meal periods to be given to employees unless designated by the state the employee works.
- Performance evaluations are not required by FLSA.
- Employers are required to pay overtime to employees who work over 40 hours in a work week. Special circumstances are applied to employees who work as police officers or firefighters employed by public agencies and employees of hospitals and nursing homes.
- There is not a limit on the number of hours an employee 16 years and older is required to work.
- Full-time and part-time hour classification is not defined by FLSA. The employer determines the number of hours for each employee classification.
- An employer can change an employee’s work hours without notice or approval by the employee.
- Employers are not required to provide employees with paystubs; however, they are required to keep accurate records of wages and hours for employees.
- There is no requirement for giving notice to employees prior to a termination unless there are specific state requirements. The other exception would be a required notice prior to layoffs that falls under the WARN Act.
- “We Can Help” services provided to workers are free and confidential.
- Employees can file a complaint through a special wage and hour website which directs them to over 200 wage and hour offices throughout the country.
- Employees cannot be terminated for filing a complaint with the Wage and Hour Division.
In light of this new campaign, it might be a good time for employers to review their policies and procedures to ensure they line up with federal regulations.
