Employees and job applicants with military or veteran status now qualify for state law protection under the California Fair Employment and Housing Act (FEHA), which makes it unlawful to discriminate against or harass a person on the basis of either military or veteran status.

Is the military exempt from labor laws?

California. Members of the California National Guard, or the national guard of any state, who are called to active duty must be given unpaid leave. Employers also may not discriminate against employees because of their membership in any branch of the state or federal armed services.

Do you make minimum wage in the military?

Comparing pay to pay, it’s clear an active military member does not make less than minimum wage. In a civilian minimum wage job, you work 40 hours, you get paid for those 40 hours. In a military setting, you work 40 you get paid for 40, but you also may work 100 hours and still get paid for 40.

Can you be fired for military duty?

Prohibition Against Discrimination & Retaliation USERRA prohibits employers from discriminating against current military employees, veterans, or those applying for membership in the uniformed services. This applies to all aspects of employment, including, hiring, promotions, benefits, work duties, firing, and more.

Is military exempt from FLSA?

Under the federal Fair Labor Standards Act, you do not need to be paid for any workweek during which you are on temporary leave for military duty for the entire week. Offers protected time off for those who serve in the US military. You may take up to five years of unpaid leave.

Is the military subject to the FLSA?

Legal Obligations Outlined in FLSA FLSA outlines requirements for a service member’s pay when working for a civilian employer. Non-exempt employees are not entitled to pay during a military absence, but you must provide them with written notice stating such.

What are the legal issues associated with Userra?

What is USERRA? Under USERRA, it is also illegal for an employer to discriminate against current, past, or future service members when it comes to being hired. Also forbidden is discrimination against service member employees regarding promotion, benefits, or other workplace advantages.

What does Userra cover?

​The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination on the basis of their service, and allows them to regain their civilian jobs following a period of uniformed service.

What agency enforces USERRA?

The U.S. Department of Labor, Veterans
The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at

Do most employers pay for military leave?

Generally, only public employers are required to pay for any part of military leave. Private employers may grant annual leave with or without pay and may pay for all or part of the leave.

What is the Statute of limitations for wage and hour violations?

The statute of limitations is two years or three years for willful violations. State laws regarding wage and hour violations range widely from no state overtime law in Iowa to triple back-pay penalties for employers in Maryland. There are a few key components to state wage and hour laws

What happens if the DOL finds a violation in the workplace?

If violations are found, the WHD recommends changes to bring the employer into compliance. There are also legal remedies for violations that allows the DOL or an employee to recover back wages for overtime or minimum wage violations plus an equal amount of liquidated damages.

What are the legal remedies for overtime violations?

There are also legal remedies for violations that allows the DOL or an employee to recover back wages for overtime or minimum wage violations plus an equal amount of liquidated damages. The statute of limitations is two years or three years for willful violations.

What is the law on meal breaks and overtime pay?

This section focuses only on overtime pay and state statutes related to meal and rest breaks. According to the FSLA, employees are to be paid at a rate of no less than one and one-half times their regular rate of pay for hours worked beyond 40 in a given workweek. This includes hourly, salary, and piecework wages.