Labor and Employment Law

Is an Employer Required to Allow Employees Time Off For Injuries or Illness?

First, employees are entitled to use any "sick time" that may be made available to them by the employer and according to the employers policies and procedures.

Regardless of the policies and procedures, some employees may be entitled to time off for their illness or to care for a family member pursuant to the Family and Medical Leave Act (FMLA). Generally, the FMLA provides that an employee may take up to 12 weeks of unpaid leave to care for the serious health condition of themselves or a family member.  However, the FMLA only covers certain employers. To be a covered employer the employer must employ at least 50 employees.  Additionally, an employee does not generally become eligable to receive FMLA time until they have been employed for 1 year.

Employers face many pitfalls in implementing proper FMLA policies and should seek competent counsel in doing so.  Likewise, if you are an employee and feel that your rights to FMLA leave have been violated you should seek competent counsel.

Why Don't I Get Paid Overtime

Federal law generally requires and employer to pay an employee one and one-half the employees regular rate of pay for each and every hour permitted to work in excess of 40 hours in a work week.  However, there are some exceptions to the rule.  Generally, professionals (i.e. Doctors, Lawyers, Accountants), certain highly paid compulter professionals, managers (managing 2 or more employees), certain administrative personell, certain commissioned salespersons, and others working within particular industries may be exempt from the overtime rules.  However, an employer may not simply decide to put an employee "on salary" and not pay overtime. Rather, the employee must fit squarely within one of the exemptions to overtime.  As employers you should seek competent legal advice prior to characterizing any employee as "exempt" from overtime.  Likewise, if you are and employee, contact an attorney if you are not receiving overtime pay and are unsure if you are exempt.  Generally, and employer may be liable to an employee for back wages for 2 to 3 years, in some circumstances liquidated damages, and attorneys fees.