Questions About State Labor Laws

[AlHayatZween 2]

So we are new to Louisiana.

It was brought to my attention today that Louisiana has no state minimum wage laws. In this case, does that mean that an employee cannot get paid lower than the federal minimum wage of $7.25?

Also, i read on the Louisiana State Dept of Labor website, that an employer is not obligated to give breaks, i.e., lunch, to persons 18 years old or older. Can that be true? You can work a 10-hour day with no break?

i'm asking in reference to real, on-the-books employment, salary paid by the hour. Really, no breaks?

Edited September 29, 2009 by AlHayatZween

[one...two...tree 2,762]

From what I understand, federal laws do not require lunch or breaks, but that means if your employer is working you 11 hours straight, then they must compensate for that added time.

....

Under the FairPay overtime rules, workers earning less than $23,660 per year ($455 per week) are guaranteed overtime protection.

The rules also have overtime exemptions for "highly compensated" employees who customarily and regularly perform any one or more of the exempt duties or responsibilities of an executive, administrative, or professional employee.

The rules state that police officers, firefighters, paramedics, and other so-called "first responders" are entitled to overtime pay.

For more information visit the Department of Labor web site:

FairPay Web Site

Overtime Pay

According to the Department of Labor, unless exempted from the overtime regulations, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

For more information visit the Department of Labor web site:

Overtime Pay

Overtime Calculator

Use this Overtime Calculator from the United States Department of Labor to help you figure out if you're eligible for overtime pay and to calculate how much overtime you will receive for a sample pay period.

http://jobsearch.about.com/cs/careerresources/a/overtime.htm

[AlHayatZween 2]

Ok, thanks...

i'm worried. My husband finally found a job down here...after about 6 weeks... (i know we are lucky!)...

but he busted his behind today, and no break... i'm a little worried and sad... i guess we'll just see how it goes.

[I AM NOT THAT GUY 5,715]

Here is another link for you:

http://www.dol.gov/esa/whd/flsa/

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.

FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.

Hours Worked (PDF): Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

[one...two...tree 2,762]

Ok, thanks...

i'm worried. My husband finally found a job down here...after about 6 weeks... (i know we are lucky!)...

but he busted his behind today, and no break... i'm a little worried and sad... i guess we'll just see how it goes.

That sucks! How do the other employees get through the day? People must be eating and taking rest room breaks some way or another.

I can't believe the state doesn't have any worker's protections regarding breaks? Bloody bastads.

[Gary and Alla 3,694]

So we are new to Louisiana.

It was brought to my attention today that Louisiana has no state minimum wage laws. In this case, does that mean that an employee cannot get paid lower than the federal minimum wage of $7.25?

Also, i read on the Louisiana State Dept of Labor website, that an employer is not obligated to give breaks, i.e., lunch, to persons 18 years old or older. Can that be true? You can work a 10-hour day with no break?

i'm asking in reference to real, on-the-books employment, salary paid by the hour. Really, no breaks?

it is true. There are many states without state minimum wage laws (15 I think) and in that case the federal minimum wage rules. Federal laws do not require breaks in work, those are state mandates.

In real life, even in Louisiana, you will get a break, usually 15 minutes for 4 hours worked, it may or may not be paid. It is a matter of market pressure, other employers do it, so everyone has to, more or less. Not to say there isn't some ####### employers in Louisiana that take the law literally. Also minimum wage is usually market driven. For some time after Hurricane Katrina (maybe still now) McDonald's and other fast food places were paying $10+ per hour and giving $10,000 bonuses if you stayed at the job for a year. The free market will always dictate the real rules.

[one...two...tree 2,762]

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

[I AM NOT THAT GUY 5,715]

Ok, thanks...

i'm worried. My husband finally found a job down here...after about 6 weeks... (i know we are lucky!)...

but he busted his behind today, and no break... i'm a little worried and sad... i guess we'll just see how it goes.

That sucks! How do the other employees get through the day? People must be eating and taking rest room breaks some way or another.

I can't believe the state doesn't have any worker's protections regarding breaks? Bloody bastads.

Some states are screwy. I heard that if you cut off your arm at work in Indiana, and don't show up for work the next day, they can fire you. I wonder if that is true.

Indiana Workers Comp Quick Facts

The following represent the state of the law as of January 1, 2006. Please note that worker's compensation law can be complex and these laws and policies are subject to amendment at any time. If you need help with a worker's compensation issue, please consult a licensed attorney.

Is Worker's Compensation Compulsory? Yes

Are Waivers Permitted? No

Numerical Exceptions: None.

Choice of Physician: Employer selects the physician.

Waiting Period For Comp Benefits After Injury: 7 days (temporary disability only)

Compensation is retroactive if disability continues for what period of time from the date of injury? More than 21 days

Attorney Fees Permitted: Individual case basis

http://www.workerscompensationinsurance.co...ion/indiana.htm

Edited September 29, 2009 by Lone Ranger

[Gary and Alla 3,694]

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

Not me. I have an education and choices in a free market. Part of the benefit of acquiring, WORKING. for an education is that it gives you many more choices in life and you do not end up on the wrong end of a cordless ditch digger...or in a dog collar eating dog food. I would tell them to stuff it and move on to the next 100k+ job. Because I can.

[rebeccajo 14]

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

Not me. I have an education and choices in a free market. Part of the benefit of acquiring, WORKING. for an education is that it gives you many more choices in life and you do not end up on the wrong end of a cordless ditch digger...or in a dog collar eating dog food. I would tell them to stuff it and move on to the next 100k+ job. Because I can.

You have such a motivational way with words.

[Gary and Alla 3,694]

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

Oh, Col. you forgot to mention. Louisiana is completely and totally run by Democrats

[I AM NOT THAT GUY 5,715]

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

Oh, Col. you forgot to mention. Louisiana is completely and totally run by Democrats

Bobby Jindal is a Democrat?

[rebeccajo 14]

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

Oh, Col. you forgot to mention. Louisiana is completely and totally run by Democrats

Bobby Jindal is a Democrat?

Bill - 1

Gary - zip!

[zqt3344 21]

Ding Ding ready for Round 2!

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

Oh, Col. you forgot to mention. Louisiana is completely and totally run by Democrats

Bobby Jindal is a Democrat?

Bill - 1

Gary - zip!

[AlHayatZween 2]

Thanks guys...

i'm not sure exactly what he is getting paid yet, but salaries are low here, even if you have a degree. i think he is just happy to be working... and don't be fooled... there seems to be a lot of good jobs in the newspapers here, but there must be hundreds of applicants for each ad. If you look on Craig's List in Baton Rouge, people are offering there services for below minimum wage! i met a woman today with an engineering degree and she's working as a secretary in some crappy office... It's really rough out there...

i'm just concerned about him not getting a break. Maybe it was just the first day and he got lost in the mix... He said he had a good day though, so i'll just keep my ears open.

...and if the free market dictates you wear a dog collar and eat dog food from a bowl, you'll happily oblige.

Oh, Col. you forgot to mention. Louisiana is completely and totally run by Democrats

Bobby Jindal is a Democrat?

:lol: