Optional employee benefits and payroll practices not required under any law - this category includes such things as:īreaks - although some states require breaks, Texas and most other states do not - federal law has no break requirement, other than OSHA rules about restroom breaks for sanitation purposes (see ) - the only exceptions are found in special regulations relating to highly hazardous occupations such as high-altitude steel erection workers or nuclear plant workers - most companies do allow some sort of breaks, however, in their policies.īreast-pumping / nursing breaks - these are unpaid breaks - under the 2010 health care reform bill, new FLSA section 207(r)(1) requires employers to give non-exempt nursing mothers reasonable break times to express breast milk, or if children are allowed in the office, nurse their infants, during the first year after the baby's birth (for more information, see "Nursing Mothers" in this outline).
Once a person reaches age 18, there is no limitation on either hours or duties (other than whatever OSHA rules may apply). Children ages 16 and 17 may work any hours they want, but may not work in hazardous occupations. Children ages 14 and 15 may work, but only in non-hazardous occupations and only during non-school hours there is also a substantial limitation on the number of hours they can work each day and week. Part 1620.Ĭhild labor - in most situations, children younger than 14 may not work for an employer. The EEOC regulations regarding equal pay are in 29 C.F.R. For enforcement purposes, transgender employees would be considered according to the gender in which they present themselves. Differences in pay must be supported by business-related factors, i.e., may not be based on gender or other minority characteristics. For comparison purposes, all compensation for work performed is counted, including regular wages, bonuses, commissions, and so on, as well as the value of fringe benefits such as tuition assistance, paid leave, and similar benefits with measurable value. 1114 (1946).Įqual pay for men and women - Equal Pay Act - men and women who perform the same job at the same levels of skill, experience, qualification, and responsibility must be paid the same - this is not the same as "equal pay for comparable work", a rule followed by only a handful of individual states - violation of this law raises a gender discrimination issue, which is why complaints are investigated by the EEOC. Supreme Court decisions from the 1940s: Brooklyn Sav. An agreement between an employer and an employee that minimum wage and overtime will not be paid is void and unenforceable (even in the event of unauthorized overtime), based upon two U.S. Individual state minimum wage laws do not apply unless the FLSA does not apply - for all practical purposes, businesses can assume that all of their employees are covered under the federal wage and hour laws. Minimum wage and overtime - federal minimum wage is $7.25 per hour (it is the same level under Texas state law) - overtime is generally at time-and-a-half for all hours worked in excess of 40 in a seven-day workweek. Fair Labor Standards Act - What It Does and Does Not Do
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