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Master and Servant

Compensation



An employee can enter into an agreement to work without compensation, but in the absence of such an agreement, an employer must pay an employee at the agreed rate. The employer cannot delay payment of wages or substitute something other than money unless the employee assents. The employee is entitled to his or her wages as long as the work is completed. If an employer wrongfully discharges an employee, the employee can collect all the money the employer had agreed to pay him or her.



The amount and type of compensation is ordinarily regulated by agreement; however, it is affected by a number of statutes. Employers are required to pay at least a certain prescribed MINIMUM WAGE under most state laws, which must be no less than the amount set by federal law, unless it is a type of employment that is excluded under the law or the employer is small enough in size to be exempt from the minimum wage laws. Other state and federal laws mandate employers to allow for paid sick time and additional wages for overtime or holiday work. It constitutes a violation of federal law, the Equal Pay Act (29 U.S.C.A. § 206 [1963]) to pay men and women different wages for substantially similar work. Special laws protect INFANTS (individuals under the age of majority) by restricting the hours they can work at certain ages and proscribing their employment in certain kinds of jobs.

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