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Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.
Wrongful discharge can arise under three circumstances: violation of a statute (i.e. discrimination), breach of contract, or a tort action involving bad faith or tortuous discharge. Wrongful discharge cases based on statutory violation are limited to those remedies provided for by the statute.
The U.S. Virgin Islands are an unincorporated territory of the United States. Many but not all federal laws apply to the U.S. Virgin Islands. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code.
The first example of a ?wrongful discharge? is when an employer fires an employee because of the employee's protected status, such as race, color, sex, religion, national origin, etc. This type of wrongful discharge falls under the federal or local anti-discrimination laws.
In a unanimous decision, the Supreme Court of the Virgin Islands held that the Wrongful Discharge Act (WDA) provides a remedy not only when an individual is discharged or resigns under circumstances that are alleged to constitute a constructive discharge, but also when the individual is demoted from a previously held ...
The federal WARN Act is similar to the Virgin Islands statute in that it requires employers to provide advance written notice to those employees who will be subject to a ?mass layoff? sixty days before the layoff occurs. 29 U.S.C. § 2102(a).
The 1954 Revised Organic Act (amended) serves as the effective constitution of the United States Virgin Islands (USVI). Despite its importance in the political life of the Territory, it has not been available in a format that integrates the original document with the important changes (amendments) made to it.