There are certain federal and state employment laws about which every employee and employer should be aware. Unlike the days when Bob Cratchett, the character in Dickens’ popular “A Christmas Carol,” who worked from sunrise to past sundown without adequate compensation, today’s employees are protected from unfair labor practices by several federal and state laws. But, one must be aware of them and be prepared to act on one’s own behalf.

The U.S. Department of Labor Wage and Hour Division is not interested in whether pay is figured by the character, word, line, page, or minute. They do, however, want to know how many hours an individual works so that overtime is appropriately compensated and to assure that the individual is paid at least minimum wage. The Federal minimum wage may be more in some states than in others, but no state can pay less. Whether an employer keeps hourly records or not, it is important to keep track of hours worked and wages paid so that if an audit is done by the Wage and Hour Division, those records are readily available. For further information, go to www.dol.gov/esa/whd.

Taking breaks away from the work environment provide an opportunity to rest. State laws vary regarding the frequency and amount of time one should spend on a break; but most employees are entitled to at least one rest period each day, and they should take the allotted time to focus on something besides the routine of their day. Studies show that such breaks are important to one’s physical and mental well-being, and that employees return to their work with renewed vitality and production increases.

If an employer-employee agreement includes a contract, it is important that attorneys for each party review the contents. Too often, a would-be employee is assured that corporate attorneys have sanctioned the contract so there is no need for yet another legal opinion. In fact, there is indeed a need for that opinion. After all, the employer’s attorney is paid to represent the company, as it should be. It is therefore necessary for the employee to have appropriate representation by his/her own counsel, and it is a savvy employer that encourages all employee candidates to seek it.

There are laws that protect individuals from discrimination of all kinds. The agency responsible for assuring that these laws are upheld is the Equal Opportunity Commission (EEOC). For more information, go to www.eeoc.gov.

For those who wish to report what they believe to be a violation of the law but are afraid of losing their job, there is legal protection.

Today’s employment arrangements have become complex enough that human relations department personnel have been specially educated to handle a wide variety of issues that result before, during, and after hiring an individual. They protect the rights of employee and employer. However, they do not diminish the responsibility of individuals to have a basic understanding of their own. American Express says it well: “Never leave home without it,” … the understanding about your workplace legal rights.