Vermont labor laws are the set of employment laws enacted by the state of Vermont that provide protections to employees working in the state. Employment law is a broad legal term that describes a wide range of legal issues associated with employees, employers, and safety conditions in the workplace. For example, some state or federal employment laws may provide protections against discrimination. However, other employment laws may provide guidance when drafting company policies and/or employee handbooks.
The overall purpose of employment and labor laws is to provide protections to all workers. Employment and labor laws typically cover:
- Establishing legal protections for workers who have a legal dispute against a colleague, an employer, or a company;
- Ensuring that businesses do not discriminate against prospective job candidates or current employees during the interviewing, hiring, promoting, working, or terminating processes;
- Granting specific legal rights to workers who are self-employed or are considered independent contractors;
- Ensuring that unpaid employees, such as volunteers and interns, are also not exposed to sexual harassment, discrimination, and/or retaliation in the workplace.
It is important to note that employment laws vary by jurisdiction. Additionally, some labor law issues may be governed by both state and federal employment laws. For example, in the state of Vermont, mandatory overtime is governed by state law. This provides additional protections to federal overtime laws and regulations.
What Is Part-Time vs. Full-Time in Vermont?
According to the federal labor laws, which are compiled as the Fair Labor Standards Act (“FLSA”) and the Internal Revenue Code (“IRC”), there are many different ways in which an employee may be classified. Specifically, federal laws typically divide workers into two main categories of employment: normal employees and independent contractors.
Examples of the most common types of worker employment classifications include:
- Full-time or part-time employment;
- Seasonal or temporary employment;
- Independent contractors;
- Freelancers;
- Consultants.
Being aware of one’s classification as an employee is important because the kind of employment that a worker is classified as will determine their:
- Employment benefits;
- Legal rights they have as a worker;
- Whether or not they will qualify for specific healthcare benefits under state healthcare laws; and
- What tasks the employer will be legally tasked with in regard to that employee, such as whether or not the employer will be required to withhold income taxes.
In Vermont, a part-time employee is an employee who works for an employer for fewer than thirty hours a week or for fewer than 390 hours in a calendar quarter. An individual who works more than those hours is considered to be a full-time employee. A seasonal worker in the state of Vermont is an employee who works for an employer for 20 weeks or fewer in a calendar year and works in a job scheduled to last 20 weeks or fewer.
What Is the Minimum Wage in Vermont?
As of January 1, 2023, the Vermont Department of Labor raised the state’s minimum wage to $13.18 per hour, which was an increase of $0.63 from the previous minimum wage of $12.55.
Additionally, the minimum wage for tipped employees was increased to $6.59, which was an increase from the previous $6.28 per hour rate.
It is important to note that the minimum wage and tipped minimum wage in Vermont are adjusted annually in accordance with Vermont law and take effect at the start of each new calendar year.
Overtime
For overtime pay, Vermont follows the Fair Labor Standards Act. This act states that employees who work over 40 hours in a week will get one and a half times the amount of their regular pay for each hour worked overtime.
However, this does not apply to retail or service employees in the state of Vermont. The law also does not apply to hotel workers, nursing home employees, or hospitals. Vermont also does not have restrictions on mandatory overtime. This means that employers can require an employee to work a lot of overtime.
Health Benefits
The federal Affordable Care Act (“ACA”) requires that any company that has at least 50 full-time employees has to provide health insurance to 95% of their full-time employees. Similar to Vermont employment classifications, the ACA considers anyone who works at least 30 hours per week to be a full-time worker for insurance purposes. Importantly, companies with less than 50 full-time employees get to decide for themselves if they want to offer insurance.
Discrimination
Employees in Vermont are protected against discrimination from their employers by both federal and state laws. Federal laws state that an employer cannot discriminate based on an individual’s religion, national origin, race, sex, genetic information, disability, citizenship status, or age.
In Vermont, the government also protects individuals from discrimination that is based on their ancestry, place of birth, AIDS/HIV status, sexual orientation, or gender expression. Vermont also protects employees by making it illegal for an employer to retaliate against any employee who makes a complaint about discrimination to their HR department or the Vermont Labor Department.
It is important to note that a Vermont employee cannot sue their employer in court unless they first file a complaint with either a federal or state agency. As such, you should speak to a lawyer immediately if you feel you are a victim of discrimination. For federal workers, an employee will need to file a complaint with the local Equal Employment Opportunity Commission (“EEOC”) office. For a state employee, the agency you should file a complaint with is the Vermont Human Rights Commission.
Time Off
Vermont is one of the very few states that makes it mandatory for employers to give their employees paid sick leave. Beginning in 2017, Vermont employees can earn and use up to 3 days of paid sick leave. Sick leave was expanded in 2019, and employees now have the right to 5 days of earned sick leave.
There is also a federal law that offers unpaid leave to employees through the Family and Medical Leave Act (“FMLA”). Under the FMLA, an employee has the right to up to 12 weeks of unpaid leave. This unpaid leave is to be used for pregnancy, childbirth, caring for a sick family member, or personal illness.
Importantly, FMLA law only applies to companies that have 50 or more employees and do business in more than one state. In order to cover this gap, Vermont also requires 12 weeks of unpaid leave for companies in the state that have at least 10 employees.
Where Can I Find a Local Lawyer to Help Me?
As can be seen, there are numerous labor laws, both federal and state, that provide protections and rights to Vermont employees. As such, if you believe that your employer has violated your rights as an employee, it is in your best interests to consult with an experienced Vermont labor lawyer.
An experienced Vermont labor lawyer will be able to help you determine whether or not an employer has violated your rights as an employee. Additionally, an employment lawyer will also be able to help you determine your best course of legal action to recover for any losses you may have suffered as a result of your employee rights being violated.
Finally, an attorney can initiate a private lawsuit on your behalf against your employer and represent your interests in court as necessary.
