Labor law is the body of law governing how employers treat their employees. Labor law deals specifically with wages, benefits, health and safety, and non-discrimination policies. Labor laws are enforced by the Department of Labor.
Labor laws are codified in a variety of federal and state statutes.
Examples of federal labor laws are:
- The Fair Labor Standards Act which governs minimum wage and overtime pay and child labor;
- The Migrant and Seasonal Agricultural Protection Act which provides protections to agricultural workers;
- The Occupational Health and Safety Act which sets standards for maintaining a safe work environment;
- The Mine Safety and Health Act which governs safety standards for mines and requires at least four mandatory mine inspections be conducted annually;
- The Employee Retirement Income Security Act which imposes standards to ensure that employee retirement plans are established and maintained in a fair and financially responsible manner;
- The Family and Medical Leave Act which entitles eligible employees of covered employers the right to take unpaid leave for certain specified family and medical reasons without the risk of losing their jobs.
Labor Law – Breaks
In labor law, breaks are defined as short rest periods of between 5 and 20 minutes. Federal law does not require an employer to give employees breaks or lunch periods. However, if an employer chooses to give an employee a break, under federal labor law, it is considered compensable time to be used in calculating total hours worked and eligibility for overtime pay. Unauthorized breaks are considered to be noncompensable and are not subject to the labor law break rules applicable to authorized breaks.
Lunch breaks or bona fide meal periods, which are usually at least 30 minutes, are not considered work time. Therefore, they are not compensable.
Labor Law – Hours
The Fair Labor Standards Act mandates that employees must be paid at least the minimum wage and must also be paid at least one and one half times their hourly rate for overtime. Overtime is defined as time worked in excess of 40 hours in a work week.
Labor law hours rules specifically require that an employee’s total pay be calculated based upon the number of hours worked each week. Labor law hours rules also govern other areas which may impact how the total number of hours worked is calculated. These areas include:
- Waiting time;
- On-Call time;
- Sleeping Time and Certain Other Activities;
- Lectures, Meetings, and Training Programs;
- Travel time;
- Home to Work Travel;
- Home to Work Travel on A Special One Day Assignment in Another City;
- Overnight Travel Away from Home Community; and
- Travel Within a City from Job Site to Job Site.
Labor Law Posters
The Department of Labor requires that some of the statutes and regulations within its purview be displayed on a labor law poster in the workplace. Some labor law posters are available electronically and in different languages. Posting requirements vary depending on the statute. The most current labor law posters applicable to your business must be displayed.
Getting Legal Help
If you are a small business owner with employees, you should consult with a labor law attorney who can assist you in formulating employment policies that are in compliance with all applicable state and federal labor laws. Moreover, a labor law attorney can advise you as to whether you are exempt from compliance with various labor law provisions.
