The Laws for Federal Minimum Wage in the United States

Abogado Aly Civil Law Minimum WageIn a recent article by United States Department of Labor, wage and hour division is discussed. In this article, many questions about minimum wage law are answered. A common question that many US citizens ask is, “how much is federal minimum wage?” The Federal Labor Standards Act (FLSA) says that the federal minimum wage is $7.25 per hour. This has been in effect since July 24, 2009. In many states, citizens are entitled to both the state and federal minimum wage laws- meaning the employee is entitled to the higher minimum wage. That being said, there are also numerous exceptions apply under certain circumstances such as to workers with disabilities, full-time students, youth under the age of 20 and tipped employees.

Employees that fall under the “tipped employees” category often wonder how their minimum wage differs from other employees who are not tipped. An employer can not pay an employee less than $2.13 an hour in direct wages if that amount plus the tips received equals at the least the federal minimum wage amount. On the other hand, if an employee’s tips combined with the direct wages received do not equal the federal minimum wage by the hour, then the employer has to make up the difference.

For people under the age of 20, there is also a different minimum wage for them. In the first consecutive 90 days working for the employer- the minimum wage is $4.25. After those 90 days are over, the employee is allowed to receive $7.25 per hours for minimum wage. In addition, there are also exceptions for full-time students. This applies to students who work in retail or service stores, agriculture, or college and universities. The employer that highers the full-time students can receive a certificate from the Department of Labor that allows the student to be paid not less than 85% of the minimum wage. In addition, the certificate also limits the number of hours the student works during the school year to no more than 8 hours a day and 20 hours a week. The certificate also requires the employee to follow all child labor laws and once the student graduates, they are allowed to receive $7.25 per hour.

To make sure everyone receives the correct amount of minimum wage they are allotted, the FLSA states that minimum wage applies to employees of enterprises that have an annual gross of at least $500,000. For additional information about minimum wage laws- people can visit the Wage-Hour website here.

 

New Voter Registration Laws Unsettling for Minorities

Abogado Aly Voting LawsA recent article in the Latin Post is claiming that the new voter identification laws in Texas are geared towards rejecting Black and Latino voters. The article sates that these newly passed laws are seen to be some of the most restrictive laws in the United States.

One member of the local NAACP, Edna Griggs, noticed that in the 2012 elections, poll watchers were not allowing her to bring water of chairs to many African-American senior citizens. This seemed reminiscent of the first elections where African-Americans were allowed to vote, but many poll watchers forced a fee for them to enter the voting booths.

The president of the Texas NAACP, Gary Bledsoe, fears that the news laws will cause poll watchers to act discriminatory towards minority voters. Many fear that this will take away from the minority vote in for the upcoming midterm elections, as minority voters do not want this type of mistreatment when heading into the voting polls.

On the other side, Texas voting officials saw that these new voter ID laws are not discriminatory in any way. The purpose of these new laws is to prevent illegal voters from voting. The Voter Integrity Project and other conservative grassroots organizations have advocated for these new laws, saying that this will help screen for voter fraud and find fraud at homes. North Carolina has scrapped same-day registration and enforced photo IDs.

The article states that these new laws primarily target potential voters in low0income areas and college campuses. These laws came into effect in Texas in 2011. Several of these voting laws have been challenged across the country as minorities feel that they are being unfairly discriminated against in many strongly conservative areas.

This article that this blog post is written about can be accessed by clicking on this link.

Civil Cases – Wrongful Termination

Abogado Aly Wrongful Termination One very common type of civil law case is that of wrongful termination. Wrongful termination can fall under many categories. The first is discrimination. It is illegal for an employer to fire an employee because of their race, religion, sex, nationality, age, and in some jurisdictions, sexual orientation. A couple of weeks ago, a Houston man by the name of Odell Hyden, filed a lawsuit against his company for age discrimination. Hyden had worked for Hagemeyer and its predecessor for over 50 years, and in April of 2013, he was let go for “poor performance.” Hyden alleges that this had nothing to do with performance and everything to do with his age. He is accusing his company for age discrimination, retaliation, and violations of the Human Rights Act.

This brings us to our second type of wrongful termination: retaliation. Retaliation is when the employer fires his or her employee because they have submitted a discrimination claim or are participating in a discrimination investigation. Retaliation is forbidden in the United States under civil rights law.

The next type of wrongful termination is an employee’s refusal to commit an illegal act. This should go without saying; however, it is still written in the constitution. If an employer asks an employee to perform an illegal act and he refuses, the employer may not fire the employee.

The last type of wrongful termination is when an employee is fired for not following the company’s termination procedures. Most companies have a procedure when terminating and employee. If that employee is let go before finishing the procedures, they might have a claim for wrongful termination.

In the US, there is no single wrongful termination law. There are several laws and court rulings that define the concept. Wrongful termination has become the most common labor claim in the United States.