All employees do not need to have employment agreements, in fact most employees do not have employment agreements with their employees. It is beneficial though for employers to at least to have written policies, typically these should be signed off by the employees covering what is expected of the employee in the work place.
Sometimes managers have to be paid overtime, sometimes managers do not — it depends on the duties of the actual managers. The overtime wage law, which is called the Fair Labor Standards Act, has a provision for executive-level employees, which some managers fall within that requirement. That would include being paid on a salary basis and having primarily managerial duties over other employees. However, some employers have employees perform some managerial duties, but they’re primarily a worker, and therefore, they’re going to be subject to the overtime pay requirements of the Fair Labor Standards Act. It depends on the actual circumstances and duties of the employee.
Some managers have to be paid overtime, some do not; it depends on their duties. To be exempt as an executive, which some managers are exempt from the overtime wage requirements of the Fair Labor Standards Act, there have to be certain duties met, as well as the person has to be paid on a salary basis. Sometimes, managers are misclassified as managers when they’re really primarily workers or employees doing regular work and their duties are not primarily managerial or executive. Sometimes those employees can be required by law to be paid overtime.
Workers who receive tips also do require the payment of minimum wage. If you’re a tipped employee there are sometimes what’s called a tipped credit, which means that the poor employee can be paid a sub-minimum wage. A wage that’s less than a normal minimum wage because the employee is obtaining tips.
Business disputes are handled as any other kind of lawsuit. It’s either going to be handled through negotiation, through a court process and litigation or through arbitration. Typically, business disputes should always have efforts to try to settle the cases and reach some kind of common ground. Sometimes a lawsuit will need to be filed or defended, but then it will lead to a negotiated resolution. The earlier that you can have some discussion to determine what the other side wants and what you want the better it is. Some cases have to go farther, and the court will have to decide it.
Overtime hours are calculated based on the person’s hourly rate and anything above 40 they’re supposed to be getting a halftime premium. For example, if the hourly rate is $10 an hour and the person works five extra hours above 40 hours a week, they’re supposed to be paid an extra $5 for those extra overtime hours.
Most employees file charges of discrimination by contacting the EEOC, the Equal Employment Opportunity Commission. They will be given a form and they will complete a form, and they will meet with somebody at the agency to assist in completed that form.
The EOC resolves discrimination charges by investigating the charges so when the charge of discrimination is filed by an employee the employer is contacted by the EOC for a response. The employer will provide a written response including documentation. These responses typically will include what happened with this employee, what occurred, perhaps employment reviews that will be attached to be showing that the employer considered things carefully and made a valid business decision to terminate the employee’s employment. The EOC will then provide information to the employee and ask for the employee’s response and then make a decision as to whether there is probable cause for the charge of discrimination.
There is no general limit for an employer to tell an employee how many hours to work. Now, there are exceptions. Certain industries have legal requirements that an employee cannot work beyond a certain number of hours for public safety reasons, and in those situations, the employer is limited as to the number of hours it can ask the employee to work. Outside of those industries where there are not some safety reasons, typically, there are not limits, but the employee is never obligated to work the extra hours. Employee can refuse and just simply not contain the employment relationship, or tell the employer, “I’m not willing to do this.”
If an employee is pregnant, the employee still can be fired. The law prohibits the employer from treating the employee worse than any other employee, so if the employee does not do a good job and happens to be pregnant, the employee still can be terminated, and it still would be lawful. Pregnancy does not insulate the employee from the requirements of every other employee to do their job properly. Now, with that said, typically it’s not in an employers best interest to rush into a termination of a pregnant employee because of the potential for claims, and the expenses associated with those claims.