COVID-19 & Fair Labor Standards

COVID-19 & Fair Labor Standards
May 06, 2020

The current health crisis has left thousands of workers across Southern California worried about their safety and employment status. Many employers have lost their jobs, have unpaid wages, or fear for their safety due to COVID-19. Workers need to be aware of the fair labor standards so that they can protect themselves if their employer has wronged them. Our Los Angeles employment attorneys have answered the most common questions asked about the fair labor standards during the Coronavirus pandemic.

If you need assistance with your employment law case, our team at Hennig Kramer Ruiz & Singh, LLP is here to help you. Contact us today at (213) 310-8301 to schedule a virtual consultation!

FAQ Regarding Fair Labor Standards During the COVID-19 Pandemic

Below we have put together the most common questions asked about fair labor standards during the current health crisis.

What should an employee do if they have been laid off and did not receive their last paycheck?

If you were laid off due to the economic downturn caused by COVID-19 and you have not received your last paycheck, immediate payment is required by California state laws. If your regular payday has passed and you haven’t been paid, you need an experienced attorney to guide you in filing an unpaid wage claim against your employer. Our team at Hennig Kramer Ruiz & Singh, LLP can analyze your case and help you obtain the wages you’ve earned.

How many hours is an employer obligated to pay an hourly-paid employee who works a partial week because the employer’s business closed?

The Fair Labor Standards Act protects the hours that employees have already worked. It doesn’t require employers to pay non-exempt workers for hours they would have worked if the business was still operating. If an employer isn’t able to provide employees with work, they aren’t required to compensate them.

Is an employee’s exempt status affected if an employer asks them to take a vacation or leave without pay due to COVID-19?

The Fair Labor Standards Act doesn’t require employers to provide vacation time. However, if they do, the FLSA doesn’t prohibit employers from requiring that the accrued leave or vacation be taken in a specific period of time. However, this shouldn’t affect the employee’s salary basis of payment as long as the employee still receives in payment an amount equal to the employee’s guaranteed salary. It is also important to know that exempt salaried employees are not required to be paid their salary during weeks they don’t perform any work.

What are employers’ responsibilities if an employee is under government-imposed quarantine?

Employers are encouraged to accommodate and be flexible with workers who have been impacted by COVID-19 or a government-imposed quarantine. Employers can offer alternative work arrangements or provide them with additional paid time off.

Can an employer require employees to work from home?

Yes, an employer can require employees to work from home to control or prevent the spread of COVID-19. According to EEO laws, employers are not allowed to single out employees either to work from home or to continue reporting to the workplace.

Do employers have to pay employees their same hourly rate or salary if they work at home?

If working from home has been required to control the spread of COVID-19, then employers are required to pay the same hourly rate or salary. The Fair Labor Standards Act requires employers to pay employees for hours they have worked—regardless if they were worked from the employer’s office or from home.

Call Our Los Angeles Employment Law Attorneys: (213) 310-8301 !

If you believe that your employer has wronged you, whether you haven’t been received your paycheck or you have experienced privacy violations, our team is here to help you. Hennig Kramer Ruiz & Singh, LLP has over 25 years of experience assisting employees to reach agreeable outcomes in disputes with their employers. We can analyze your situation and determine if you have a case. We offer contingency fees, so you don’t pay us unless we win.

Get in touch with our Los Angeles employment law attorneys today at 213292-5444 to schedule a free virtual consultation!

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