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Monday, May 12, 2008

Employment Law Information Center


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Frequently Asked Questions - Employment

Q: How much do I have to pay my employees?

A: This depends on the employee. Generally, if the employee is not in an executive, professional, or supervisory role, you would have to pay the individual at least minimum wage. The federally mandated minimum wage was $5.15 per hour for ten years, until Congress enacted the Fair Minimum Wage Act of 2007, resulting in a July 24, 2007, increase to $5.85. The Act provides for two more 70 cent increases on the same date each in 2008 and 2009. State law should also be consulted because it may require a higher minimum wage than the federal minimum wage law, in which case the higher state wage would have to be paid. Keep in mind also that some industries and other categories of employees may fall under certain minimum wage exemptions.

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Employment Law Attorneys in Sioux City, Iowa

Serving employees and employers in Iowa, Nebraska and South Dakota

Our Sioux City law office serves business owners and workers in a wide range of employment law matters. We provide a strong voice for people who have experienced discrimination in the workplace. Our experienced employment law attorneys handle claims including age discrimination, sexual harassment, and disability discrimination. At the Klass Law Firm we also advise companies on effective employment policies, draft and review handbooks and assist employers in investigating and defending employment issues.

For legal advice in a discrimination matter, contact our employment law attorneys. We represent clients in Iowa, Nebraska, and South Dakota.

Employment, Employer - An Overview

Hiring

When hiring a new employee, an employer must be cognizant of state and federal laws that govern the hiring, compensation, treatment, and termination of all employees. For example, employers must be familiar with Title VII of the Civil Rights Act of 1964 (Title VII). This statute forbids the use of race, color, national origin, religion, and sex in all hiring, employment and termination decisions. Also, the employer must follow federal laws concerning documentation. I-9 immigration status forms and W-4 tax forms are critical documents that every employer must record and preserve on a regular basis.

Employers must also adhere to state laws that govern hiring and certification of new employees. This could include notifying a State Department of Labor of a new hire or registering as a new employer. Some employers may want to administer certain tests to new employees that identify drug use or possible psychological problems. Before doing so, an employer must be familiar with laws governing how tests may be performed. Because employees generally have a right to personal privacy, an employer should consult an employment law attorney before submitting potential hires to psychological tests, drug screening processes, or inquiring into sexual behavior or alcohol use.

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Hiring

There are a number of required steps that need to be taken before an employer begins hiring employees. An employer must first obtain an employer identification number through the Internal Revenue Service. The employer also needs to set up a payroll system to withhold federal and state income taxes from an employee's wages.

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Compensation

If your business has employees, it is in your best interest to retain an experienced and skilled employment law attorney. Federal and state employment laws concerning wages and overtime are complex and impose significant responsibility on employers.

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Leave

There are two employee leave laws that are of particular importance:

  • The Family and Medical Leave Act (FMLA)
  • The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Family and Medical Leave Act (FMLA)

The Family and Medical Leave act allows a covered employee can take up to twelve weeks off of work for certain family responsibilities. These responsibilities include the birth of a child, care of a sick family member, adoption of a child and an employee's own sickness. This leave is taken as unpaid and there is nothing within the law that requires an employer to offer paid leave.

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Termination

Most employment is termed "at-will" employment. This means that the employer can fire an employee for any legal reason, at any time. This latitude also applies to the employee. An employee can quit for any or no reason without any notice to their employer. This area is generally covered by state law. However, there are similar federal provisions that prohibit unlawful or discriminatory firings. If you are faced with issues regarding hiring and employment consult an attorney.

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What can we do to help you?

For effective representation in an employment law matter, contact the Sioux City employment law lawyers at the Klass Law Firm, L.L.P.

Serving clients in Iowa, northeastern Nebraska, and southeastern South Dakota including Clay County, Dakota County, Union County, Sioux County, Plymouth County, Ida County, Monona County, Crawford County, Woodbury County, and the communities of Sioux City, Des Moines, South Sioux City, North Sioux City, Elk Point, Jefferson, Vermillion, Onawa, Orange City, Le Mars, Denison, Holstein, Sergeant Bluff, Ida Grove, Sioux Center, Hawarden, and Dakota City.