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Department of Labor Standards
Posted by: Andrew Mullins on October 25, 2009 at 2:52PM EST

A few key points:

Under the Fair Labor Standards Act of 1938:

-"The act does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work, as long as the employee is at least 16 years old.  Similarly, the act does not limit the number of hours of overtime that may be scheduled.  However, the act requires employers to pay covered employees not less than one and one-half times their regular rates of pay for all hours worked in excess of 40 in a workweek, unless the employees are otherwise exempt."

-"It is a violation of the act to fire or in any other manner discreminate against an employee for filing a complaint or for participating in a legal proceeding under the act."

-"In addition, an employee may file a private suit, generally for the previous two years of back pay (three years in the case of a willful violation) and an equal amount as liquidated damages, plus attorney's fees and court costs."

Family and Medical Leave Act of 1993 (FMLA)

What is the purpose of FMLA?

a.  to provide a means of employees to balance their work and family responsibility by taking unpaid leave for certain reasons.  b.  to promote the stability and economic security of families as well as the nation's interest in preserving the integrity of families.  c.  to ensure appropriate coverage for companies with less than 50 employees.  d.  Both answers a and b.  e.  A, b, and c are all correct

Correct answer: d.  Both answers a and b

"FMLA provides that eligible employees of covered employers have the right to take up to 12 weeks of job-protected leave in any 12-month period for qualifying events without interferance or restraint from their employers." (Department of Labor FMLA)

What are the qualifying events that would make someone eligible for up to 12 weeks of job-protected, unpaid leave during any 12-month period?

a.  Birth and care of the employee's child, or placement for adoption or foster care of a child with the employee  b.  care of an immediate family member (spouse, child, parent) who has a serious health condition  c.  care of an employee's own serious health condition  d.  all of the above

Correct answer:  d.  All of the above

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