Is There a Federal Law That Requires That Employees Receive Vacation, be Paid Holiday or Sick Pay or be Given Break, Rest or Meal Time?

Remember These?

Federal Law (The Fair Labor Standards Act) Does Not Require That Employees be Given Rest, Break or Meal Times, nor Does It Mandate Vacation or Holiday Pay

When it comes to an employer's obligation to pay employees, the standards are established under the Fair Labor Standards Act ("FLSA"). The most simple synopsis of the FLSA is that it governs minimum wage, overtime, child labor laws and equal pay irrespective of gender.

When it comes to federal laws relating to compensation of employees, the FLSA is by and large the only law of significant consequence. And it does NOT require employers to provide vacation/holiday leave or pay, break times or meal times.

Siestas! Not Required....

This, from Handy Reference Guide to the Fair Labor Standards Act | U.S. Department of Labor (dol.gov)

While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate.

For example, the FLSA does not require:

1. vacation, holiday, severance, or sick pay;

2. meal or rest periods, holidays off, or vacations;

3. premium pay for weekend or holiday work;

4. pay raises or fringe benefits; or

5. a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or commissions in excess of those required by the FLSA. However, some States do have laws under which such claims (sometimes including fringe benefits) may be filed.

Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.

NOTE: States and municipalities can always provide greater benefits than do federal laws. So you will want to check on the laws in your own state, city or municipality to see if protections greater than found in FLSA apply to your company.

Understood!

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Thursday, April 15, 2021

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