This post is a continuation from Employment Law(s): Part Uno....

Family and Medical Leave Act (FMLA)

This act provides for up to twelve (12) weeks of unpaid leave each twelve (12) months for the birth or adoption of a child, to care for an immediate family member experiencing a serious health condition, and/or for recuperation of the employee from a serious health condition (employees must have worked at their company for more than 12 months and at least 1,250 hours the previous year.) It also allows for up to 26 weeks leave for military family and care givers.

Note: Employers covered by this act have 50 employees or more within a 75-mile radius of each site.

Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees who are 40 years old or older. The act prohibits discrimination in hiring, promotion, compensation, retirement, layoff, discharge, and any other terms, conditions, or privileges of employment. Employers may not retaliate against employees for exercising their rights under the law. An employer may not require a mandatory retirement age.

Note: This act covers employers with 20 or more employees.

Fair Labor Standards Act (FLSA)

This act provides for a minimum wage, overtime, restriction on employment of workers less than 18 years of age, maintenance of compensation related records, and equal pay.

Non Exempt and Exempt Employees

Non-exempt employees: covered by minimum wage and overtime provisions of FLSA, exempt employees are not.

Exempt employees: must meet all parts of a three-part test to be deemed exempt:

1. They must be paid on a salary basis;

2. The salary must be at least $455/week*, and

3. They must be engaged in exempt duties as their primary functions.

*The rate of a computer professional is at least $26.73/hour