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US employment law

Short answer first, then what you must do and what happens if you don't.

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Topics

  • Employee vs contractor

    A worker is an employee if they are economically dependent on you; the label in the contract does not decide it.

  • Overtime

    Non-exempt employees must get 1.5 times their regular rate for every hour over 40 in a workweek.

  • Termination

    Most US jobs are at-will, so you can fire for any lawful reason, but never for discrimination, retaliation or protected leave.

  • FMLA leave

    Eligible employees get up to 12 weeks of unpaid, job-protected leave per year for their own or a family member's serious health condition or a new child.

  • Workplace discrimination

    Employers may not treat workers differently because of race, color, religion, sex, national origin, age 40+, disability or genetic information.

  • Remote work

    Remote employees have the same wage, overtime and leave rights, and the law of the state where they work usually applies.

  • Unpaid wages

    Employees can recover unpaid minimum wage and overtime for two years, three if willful, plus an equal amount in damages.

  • Harassment

    Harassment based on a protected trait is unlawful when it is severe or pervasive, or tied to job decisions.

  • Worker classification

    For tax, a worker is an employee if you control what they do and how they do it; the IRS looks at behavioral, financial and relationship facts.

  • Final paycheck

    Federal law does not require immediate final pay, but many states do; California requires payment on the last day when you fire someone.

Source: NovaCopilot

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