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Codes and Regulations on Employment

Federal and state codes pertaining to labor & employment law.
Job Discrimination Lawyer
Know your rights. Experienced lawyer, free consultation.
www.discriminationattorney.com
Employment Lawyers
Contact experienced attorneys at (877) 448-0492 - MN and CA Offices.
www.nka.com
Or Employment
Find Your Next Job Opportunity. Search Local Career Listings Today!
OregonLive.com/Jobs
Employment Attorneys
Have you been sexually harassed? Call us at 877-293-4137
www.jhllp.com
Human Resources Explained
Your State employment laws Online in Plain-English
HR.BLR.com
Employment Laws
Guide to Employment Laws Employment info & resources.
nyscdea.com
Labor & Employment Lawyer
We Represent Both Sides In All Types of Employment Disputes!
www.Mosher-Skorina.com
Law Employment
U.S. Customs & Border Protection is is Actively Recruiting. Apply Now!
www.cbp.gov/xp /cgov /careers /
Employment Law
Good sites on the Internet for employment law information
InformationForAccountants.com
Employee Labor Lawsuits
Handling Unpaid Wage Lawsuits In CA Since 1993. No Win- No Fee. Try Us!
www.SchneiderWallace.com/Labor
Employment Law Infomation
Get Recent News, Articles And Blogs Regarding Employment Laws Instantly
www.hrresource.com
Unemployment Grant Kit
$30,000 in Unemployment Grants. Billions Available. Never Repay!
Unemployment.iCashGrants.com
Listings
Employee Retirement Income Security Act of 1974 (ERISA)
Full text, by section, from BenefitsLink.
www.benefitslink.com
Americans with Disabilities Act (104 STAT. 327 )
From the US Department of Justice.
www.usdoj.gov
Americans with Disabilities Act Document Center
ADA Statute, Regulations, ADAAG (Americans with Disabilities Act Accessibility Guidelines), Federally reviewed Tech Sheets, and other assistance documents.
janweb.icdi.wvu.edu
Office of Administrative Law, Department of Labor
Rules of Practice Collection.
www.oalj.dol.gov
OSH Act of 1970
Amended on Sept. 29, 1998. From Occupational Safety and Health Administration. U.S. Dept. of Labor.
www.osha.gov
US Code : Title 29
Labor.
www4.law.cornell.edu
US Code : Title 29, Chapter 14
Age Discrimination in Employment.
www4.law.cornell.edu
US Code : Title 29, Chapter 15
Occupational Safety and Health.
www4.law.cornell.edu
US Code : Title 29, Chapter 16
Vocational Rehabilitation and Other Rehabilitation Services.
www4.law.cornell.edu
US Code : Title 29, Chapter 18
Employee Retirement Income Security Program.
www4.law.cornell.edu
US Code : Title 29, Chapter 8
Fair Labor Standards.
www4.law.cornell.edu
US Code : Title 42, Chapter 126
Equal Opportunity for Individuals with Disabilities.
www4.law.cornell.edu
US Code : Title 42, Chapter 21
Civil Rights.
www4.law.cornell.edu
US Code : Title 5
Government Organization and employees.
www4.law.cornell.edu
Job Discrimination Lawyer
Know your rights. Experienced lawyer, free consultation.
www.discriminationattorney.com
Employment Lawyers
Contact experienced attorneys at (877) 448-0492 - MN and CA Offices.
www.nka.com
Or Employment
Find Your Next Job Opportunity. Search Local Career Listings Today!
OregonLive.com/Jobs

Guide to Work Hours and On-Call Regulations

Employees on stand-by may need to be compensated for on-call hours


If you run a locksmith, plumbing or other business that needs employees available on a standby basis after hours, the federal government has some rules for you. The Fair Labor Standards Act (FLSA) may require you to pay employees for time spent on call — even if no calls actually come in. If you do have to pay for this time, and it adds up to more than 40 hours a week (either alone or combined with regular working hours) you'll have to pay overtime, or time-and-a-half.

Generally, you'll have to compensate employees for time spent on stand-by if their personal activities are restricted during that time; for instance, if they must be on the premises while on call, or must continually monitor their computer messages. To set a policy for on-call hours, ask yourself these questions:

  1. Do you need staff available 24 hours a day?
  2. Are employees covered by FLSA or a comparable state law?
  3. While on call, will their personal activities be restricted?


Action Steps

The best contacts and resources to help you get it done

Determine which employees are covered The federal FLSA only applies to employees classified as 'covered' and 'non-exempt.' Generally, the FLSA covers employees of businesses that offer services or produce goods that affect interstate commerce, but courts have interpreted this category very broadly. Even if an employee is covered, he is exempt from FLSA if he holds an executive position or fits into another exception to the statute.

I recommend:  The Department of Labor (DOL) publishes extensive guidelines detailing FLSA rules.

Clearly define when employees are on duty If employees actually work while on call, you'll have to pay them for the hours worked. Additionally, if you require them to remain at your place of business while on call, you'll likely have to pay them. Even if employees can remain off premises, you still may have to pay them if their freedom is significantly restricted. For instance, one court recently found that employees who were required to check their computers every 15 minutes while on call had to be compensated because they couldn't realistically leave their homes. Generally, whether you'll have to pay depends on all of the circumstances.

I recommend:  This Personnel Policy Services article provides a comprehensive list of factors used to determine whether employers must compensate staff for standing by. The DOL also publishes information about how to calculate hours worked under the FLSA. The Web site Nolo offers advice about on-call regulations.

Seek legal advice Navigating the FLSA often requires expert advice. Additionally, your state might impose more stringent requirements than the federal government.

I recommend:  Online directories Lawyers.com and FindLaw list attorneys by geographic location and practice area.

Tips & Tactics

Helpful advice for making the most of this Guide
  • If you need workers to be available on call, allow them to remain at home if at all possible
  • If you ask workers on call to remain in one location, wear a uniform, or check-in frequently, you might need to compensate them for those hours.
  • If workers are entitled to compensation for on-call time, you'll also have to pay them time-and-a-half their normal hourly wage if the on-call hours combined with regular hours exceeds 40 hours per week.

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How-To Guide from WORK.COM

By Wendy Davis
Employees on stand-by may need to be compensated for on-call hours.
If you run a locksmith, plumbing or other business that needs employees available on a standby basis after hours, the federal government has some rules for you. The Fair Labor Standards Act (FLSA) may require you to pay employees for time spent on ... Read more
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