Breaks, Benefits and Days Off - The Maryland Guide to Wage Payment and Employment Standards
(Not under the enforcement powers of the Employment Standards Service)
Unless the worker is under 18 years old or is an employee who works in certain retail establishments, there is no law requiring an employer to provide breaks, including lunch breaks. Minors under 18 must receive a 30 minute break for every 5 hours of work. In addition, state law does not guarantee days off for holidays or any special holiday pay for private sector employees, except a religious day of rest each week for retail employees who give prior written notice to their employers. Maryland law does not require the award of benefits. Examples include vacation leave, sick leave, compensatory time, holidays and holiday pay, health and life insurance, bonuses, severance pay, etc. The right to claim benefits only arises through a prior agreement of the parties.
请教老猫,我在马里兰州,半年前雇了一个老美临时工,看他家庭状况每月需要一定开支,就让他工作时间长一点,几乎每周都超过40小时。今天他跟我说按法律上讲我应该把他按全职对待,享受法定带薪假日和带薪休假。他的说法有法律依据吗?如果是有法律规定,我现在限制他的工作时间是不是可以避免麻烦?谢谢!
https://www.thebalance.com/holiday-pay-practices-your-legal-requirements-1918633
Maryland labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate when they work 40 hours or more in a work week, unless otherwise exempt.
https://www.employmentlawhandbook.com/wage-and-hour-laws/state-wage-and-hour-laws/maryland/
Maryland Minimum Wage and Overtime Exemptions
https://www.employmentlawhandbook.com/wage-and-hour-laws/state-wage-and-hour-laws/maryland/
Breaks, Benefits and Days Off - The Maryland Guide to Wage Payment and Employment Standards
(Not under the enforcement powers of the Employment Standards Service)
Unless the worker is under 18 years old or is an employee who works in certain retail establishments, there is no law requiring an employer to provide breaks, including lunch breaks. Minors under 18 must receive a 30 minute break for every 5 hours of work. In addition, state law does not guarantee days off for holidays or any special holiday pay for private sector employees, except a religious day of rest each week for retail employees who give prior written notice to their employers. Maryland law does not require the award of benefits. Examples include vacation leave, sick leave, compensatory time, holidays and holiday pay, health and life insurance, bonuses, severance pay, etc. The right to claim benefits only arises through a prior agreement of the parties.
https://www.dllr.state.md.us/labor/wagepay/wpbreaks.shtml
有
依據 MD 的勞工法,除非這份工作是在州法列出的"額外情況"之外,對方超過 40 小時的部份需要支付加班費,如果你沒有這麼做,你已經違法....
做的正规一点吧,生意也可以做大。
单身老猫, 新年好,刚刚发了一段悄悄话给你,急求!!!
既然你同情他, 给他每週超過40小時工作, 就應該依勞工法例辦事.
FTE 的定義是每週工作30小時或以上, 每月工作130小時或以上.
如果想避免日後更多麻煩, 最好將他的每週工作降到30小時以下. 問題是, 這样一来, 他可能會申請 UI/EI. 估計你沒有為他買 UI/EI 保險吧?
自己設身處地替別人想一想,再做決定..
老实说, 要对员工好, 也要有那个实力的。