Recently, the Obama administration has declared a substantial change in the federal labor law. The publication regards the Department of Labor’s final rule, which modernizes the overtime regulations. Ideally, this change under the federal law is meant to extend overtime pay automatically to millions additional Americans.

Nevertheless, although the new rule for salaried workers’ overtime pay determines the employees, who qualify for the overtime pay when they work for not less than 40 hours every week, sometimes employment disputes may arise. When this takes place, it will be necessary for one to hire a United Employees Law Group Lawyer when they require help with legal guidance.

Here are the explanations and repercussions of the new rule:

First, a business cannot hire an individual with an agreed salary, for instance, $50,000 with the condition that they will work for some unpaid overtime hours, even if the worker agrees. As an illustration, the law does not permit an employer and the staff to decide not to follow the law. Therefore, it does not leave the businesses with any discretion in that regard.

Another point is that an enterprise cannot turn a blind eye to workers who are working overtime. Hence, even if an employee works overtime and does not report those hours since they want to demonstrate that commitment or perceive it to be their interest still the employer will not be off the hook. Consequently, an employer will be liable if they are cognizant that this is going on.

Additionally, the opportunities for the employees who wish to work long hours so as to advance their careers or get a promotion will still be there. Nevertheless, a staff member is not allowed to work overtime and not receive payment.

For all that, there are also some ways for a company to get around this law. For instance, a business can hire fewer employees than they had projected so as to cut down these costs. Another way is that a firm can decrease the number of hours its staff works. Even so, in this law, there are not that many loopholes.

Notably, this law seems like a huge added cost for carrying out a business since they will need to increase salaries or pay more ways in the form of wages. Nonetheless, the point is that it is insubstantial since it is a short-term cost for a company. However, they will increase the purchasing power of each.

Furthermore, many people are for this change because there have been numerous instances regarding the purchasing strength of the workers in America. Also, many retail outlets and manufacturers could work their employees for more than 80 hours, and they were not required to pay them overtime.

Recognizably, some of the jobs, which the change will affect the most, are the food and retail services. To explain, a retail or food manager who used make $30,000 a year and who would be exempt under the current law now will not be exempt. Therefore, food services and retailers will be subject to paying them overtime.

Importantly, this law contains an automatic update after three years. The law was updated for the reason that it wasn’t indexed to inflation. Evidently, more than 60% of employees were covered by the law in the 1970’s. However, more and more of them were moved outside the coverage as inflation increased and salary threshold remained the same.

Encouragingly, this law covers around 4 million workers as far as the Obama’s administration is concerned. Regarding percentage, the figure jumps to 35% under the new law compared to 7% under the current law.

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Research by Regional Offices of the National Labor Relation Board has revealed that, over six years of the enactment of the law, most people are not informed about the National Labor Relation Law. The act intends at serving the interest of the people of the United States and maintains a full production economy. The industrial fight that has been witnessed among the employers, employees and labor organizations interferes with a full production in an economy and serve the national interest. Research has shown that the labor disputes can be reduced if the parties involve recognizing the National Labor Relational Laws.

The National relation Act was enacted by the Congress, with the aim of protecting the right of employees and its employees through the encouragement of collective bargaining agreement. The act also eliminates some practices that are harmful to the general welfare. The Act defines the right of the employees, which include the right to participate in a collective bargaining agreement that should be done regularly after a specified time.

The collective bargaining agreement is done by the employees through representatives. The act also establishes a procedure that helps to ensure that employees can exercise their right to choose their favorite leaders through secret ballot. The act also goes further to define certain practices among the employers and unions as unfair. This help to ensure that the right of the employees and the employers are protected.

The National Labor Relation Boards and the General Counsel that is available in the 52 regions help to administer and enforce the law. The General Council in the Regional Offices helps to prosecute unfair labor practices and help to conduct elections to determine employee representatives. At the national level, a five-member board is set to hear and decide a case that involves unfair labor practices and representation election disputes among employees. The cases that go to the five-member board emanated from the regional offices.

All the rights of employees including the right to self-organization and collective bargaining agreement are defined in the National Labor Relations Act. The Labor Act also defines union-security arrangements that should put in place and right to strike and right to picket. The rules concerning unfair labor practices as well as labor organizations as defined in separate sections. The last sections of the National Labor Relations Act define how the act is implemented and defines its authority and its limitations. The power and the representation of the law matter when handling unfair labor practices.

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Establishing a safe and healthful working environment requires every employer, whether it be large or small, and every employee to make safety and health a top priority. The Occupational Safety and Health Act of 1970 (OSH Act) was passed in order to set and enforce protective workplace safety to workers and employers. This act is aimed at reducing injuries, illnesses and fatalities, and increasing an improvement in safety.

“To assure safe and healthful working conditions for working men and women by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions…” – The Occupational Safety and Health Act of 1970 (OSH Act)

https://www.osha.gov/Publications/osha3021.pdf

With that being said, employers have a significant amount of responsibilities to make the workplace a safe environment. A workplace should not have serious hazards and must follow every OSHA safety and health standard. As an employer, it is his or her responsibility to find and correct any and all potential safety or health hazards and keep them under control. The employer must also educate themselves and their workers about potential hazards through training or information sheets. If a problem does arise, it is the employer’s responsibility to aid the situation and keep record of any work-related injuries or illnesses. Worker’s compensation is a mandatory insurance system in which the employer protects his or her employees no matter the circumstance.

There is no such thing as being too safe. As technological progress continues to evolve, so do potential hazards. No matter where one works, there may be potential risk. Safety provides a comfortable work environment, and if issues arise it is up to the employer to handle it and the employee to know his or her rights.

If you, or someone you know, is facing legal issues in the workplace, United Employees Law Group has answers. Call Today for your free and confidential case review.

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