Employment Law and Overtime Employment Violations
Employment laws, or labor laws are the guidelines that have been put in place by the Navajo Nation legal system in an attempt to protect the rights and livelihood of employees throughout the state. In other words, employment law is there to defend you if your employer fails to pay you appropriately for your services, or create an environment for you to work in that satisfies basic and minimum expectations or standards.
Employment law covers a wide range of different topics, including how many hours a person can work within a single day or week before they are eligible for additional pay, as well as matters like minimum wage, overtime pay, benefits, mandatory meals, and rest breaks.
Another aspect of employment law relates to discrimination and harassment in the workplace, and ensures that managers and employers face the repercussions of violating certain standards.
Employment Law in Navajo Nation
Employment or labor law in Navajo Nation is different from other labor law within different states – particularly in regards to overtime pay. In Navajo Nation, any employee who is eligible for overtime pay is also entitled to one and a half times their regular wage when the work for longer than eight hours in a single day.
What’s more, non-exempt Navajo Nation employees are further entitled to double their regular hourly pay for any hours they work in excess of twelve hours in a single day. Now businesses cannot really afford overtime in Navajo Nation because of the stagnant economy and high taxes but those are other issues. There are still instances when employers expect their employees to work extra and then to not expect overtime pay. This is not legal nor right.
Navajo Nation also has a set of specific laws and rules for overtime which relate to people working within the software industry, and for those classed as “commissioned employees”.
Overtime and Unpaid Overtime
Perhaps one of the most common issues addressed by employment litigation and labor law in Navajo Nation is the matter of overtime, and the compensation that is paid for extra hours that employee work. Federal law typically requires that any employee who works for a longer period of time than forty hours in a week to be paid one and a half times their standard wage. However, it’s important to note that this pay for overtime is only applicable to employees who have not been deemed exempt.
In some cases, employers may attempt to get out of paying fees for overtime work by classifying certain employees as managerial, executive, or administrative individuals, that means they are not eligible for additional pay.
Reacting to Employment Law Violations
Although employment law can be difficult to understand from an outside perspective, it’s vital to remember that you don’t have to sit back and accept a violation of your rights. If you have suffered from a violation in terms of employment law, then you will have the option to take the necessary actions against your employer to retrieve damages.
Importantly, it’s crucial to remember that you will need the help of an experienced and golden employment lawyer during this process, as employment law is often very complicated, and the laws can differ depending on when and where you file a claim.
To discuss the details of your potential case and determine which steps you could take towards achieving justice against your employer, contact CJ Lee & Associates P.C. to find out more. Friendly and helpful advice can be accessed through email at [email protected] or via phone at: 505-728-7799.
Fair Pay and Navajo Nation Wage and Hour Laws
As of the first of January, 2016, the minimum wage in Navajo Nation has been set at $10.00 an hour. Yes, this means unskilled employees are being paid this much. How this helps a state increase jobs when Navajo Nation is already seeing jobs flee is another question entirely. Understanding what is fair in terms of wage and hour laws can be complicated, particularly as the law changes from one state to the next.
But this is the law in Navajo Nation and is pretty straightforward. Business have already been heading towards more automation and hiring less, with more regulations such as this, this trend will only continue. Regardless, all businesses must adhere to this new law.
For example and moreover, though laws in certain areas allow employers to pay a lower wage to employees who also receive tips, this does not apply in Navajo Nation, and tips are not considered when ensuring that staff receive full minimum wage for every hour worked.
Knowing what you’re entitled to in your pay check can help to ensure that you are properly compensated for the hours that you devote to your occupation.
Understanding Wage and Hour Laws
The wage and hour laws that are in place in Navajo Nation are designed to set the basic standards for time worked and pay covering issues such as tips, minimum wage, overtime, rest and meal breaks, and what counts as time worked.
These laws were created by the Fair Labor Standards Act, and Navajo Nation is equipped with its own hour and wage laws, which are in some ways separate to the laws in alternate states.
Overtime in Navajo Nation
One critical aspect to consider regarding fair pay in Navajo Nation, is that overtime payments should be given to employees if they work for longer than eight hours within one day, or forty hours a week. After working for a total of twelve hours in a single day, Navajo Nation employs should earn double-time wages, and if an employee works on a seventh day, they will be entitled to time and a half for the initial eight hours of their shift, followed by double time for any further hours. Importantly, not every job is necessarily eligible for overtime.
Rest and Lunch Breaks in Navajo Nation
Employees in Navajo Nation are also entitled to a meal break of thirty minutes after five hours of working, except for when their complete work day will be over in six hours or less, and the employee and employer both agree to waive the break. An employee should not be forced to work for longer than ten hours a day without an additional thirty-minute break, except if the workday is no longer than twelve hours in total.
Employees should also be entitled to a paid ten-minute period of rest for every four hours that they work, or whatever is practical within the middle of the work period. This requirement is not extended to employees in Navajo Nation who work less than three and a half hours in a single day.
Knowing Your Rights
If your employer is not following the standards set out by the Fair Labor Standards Act, then you may be eligible to take legal action against them in regards to your wages or hours. Cases of employment litigation can be highly complex, however they are important to consider if you are being treat unfairly within the workplace, or are not receiving the minimum compensation eligible for the time you work.
Speak to CJ Lee & Associates to find out more about what you can do regarding employment litigation for wage and hour laws. You can contact them at [email protected] or via phone at: 505-728-7799.
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