Fair Labor Standards Act Lawyer. Wage and Hour Fair Labor Standards Act. FLSA Law Help.
What is the Fair Labor Standards Act FLSA ?
How does the FLSA Fair Labor Standards Act impact wage & hour law cases?
|About the Wage and Hour
Fair Labor Standards Act FLSA
The Fair Labor Standards Act FLSA is a federal law that governs the payment of minimum wage and overtime payments. As a general rule, the Fair Labor Standards Act FLSA requires an employer to pay an employee overtime compensation for all hours worked in excess of 40 hours in a single work week, unless the employee is exempt.
The Fair Labor Standards Act FLSA Law also provides that employees can recover double damages and attorneys fees if an employee sues an employer under the Fair Labor Standards Act FLSA Law to recover unpaid overtime or employee wages.
Fair Labor Standards Act
The Fair Labor Standards Act and FLSA Law divides almost all employees into two categories:
FLSA Nonexempt Employees involving any employee that works more than 40 hours in a workweek that are then generally entitled to overtime pay.
Overtime is supposed to be paid at time-and-a-half of your regular rate of pay. So, if you make $10 per hour, you should get $15 per hour for every overtime hour you work in excess of 40 hours per week.
To learn more about Wage and Hour and The Fair Labor Standards Act FLSA read below.
Summary of The The Fair Labor Standards Act (FLSA) Law:
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $5.15 an hour. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a single workweek.
The Fair Labor Standards Act (FLSA Law) affects most private and public employment nationwide.
The Fair Labor Standards Act FLSA requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay for all hours worked over 40 in a single workweek. Covered employees must be paid for all hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is suffered or permitted to work. This generally includes overtime work performed at home, travel time, waiting time, training, and probationary periods.
• Federal Minimum Wage = $5.15 per hour
• Tipped employees may be paid $2.13 per hour; if an employee’s tips combined with cash wage does not equal $5.15, the employer must make up the difference.
• Overtime after 40 hours in a week = 1 ½ times an employee’s regular rate of pay.
Here are just a few of the most common questions we receive regarding Wage and Hour
Fair Labor Standards Act FLSA Law:
Answers to Frequently Asked Questions
When is overtime pay due?
Overtime pay (one and one-half times the regular hourly rate received) is due an employee after 40 hours of work in a workweek. Special exceptions apply with respect to certain professions and positions, such as police officers, managers, and hospital and nursing home employees. An employer can be subject to both federal and state overtime laws because some states have passed overtime laws in addition to the federal Fair Labor Standards Act FSLA law. Employees in those states are due the higher amount. Our overtime law firm provides clients with a summary review of all states’ minimum wage and overtime laws and the Fair Labor Standards Act FSLA law.
How is severance pay calculated, and when is it due?
Severance pay is not regulated. A right to severance pay must be agreed upon by both the employee and employer prior to beginning employment. Otherwise, a fired employee is not due severance pay.
How are vacation pay, sick pay and holiday pay computed, and when are they due?
Vacation, sick, and holiday pay are not federally regulated. Payment for time not worked must be agreed upon between employer and employee prior to employment.
Is extra pay required for night or weekend work?
Extra pay for night or weekend work must be agreed upon by the employer and employee since it is not federally regulated. However, if more than 40 hours are worked within the workweek, the employer must follow overtime regulations as outlined in the Fair Labor Standards Act FSLA law.
When are pay raises required?
Wage-and-hour laws do not cover pay raises. Pay raises are controlled by employers and not by the Fair Labor Standards Act FSLA law unless the minimum wage for the U.S. or a state is increased. The Fair Labor Standards Act (FLSA Law) does not require pay raises to be over the minimum wage. Pay raises must be agreed upon by employer and employee as outlined in the Fair Labor Standards Act FSLA law.
Can an employee be required to perform work outside the employee’s job description?
An employer may require employees to perform duties outside their job description unless they are under the age of 18. In general, there are no federal restrictions included in the Fair Labor Standards Act FSLA law concerning the types of work employees over the age of 18 can perform.
I am classified as an independent contractor. Am I entitled to overtime pay?
Most commonly, an independent contractor is a person who works for more than one company at a time and fully controls her own work. Generally, independent contractors are not employees of any one company and are not entitled to overtime pay under the Wage and Hour Fair Labor Standards Act FSLA law.
Are salaried employees exempt from overtime pay?
Generally, salaried employees are due overtime pay according the Fair Labor Standards Act FSLA law. There are several exceptions to this rule though, including commissioned sales employees, computer programmers, executive, administrative, professional or outside sales employees, physicians, truck drivers and union employees (with certain restrictions), all of whom are generally exempt from overtime pay.
How do I prove that my employer knew that “off the clock work” was being performed?
An employer is held responsible for their employee’s actions, regardless of whether or not the employer knew what the employee was doing. Employers must keep detailed time records. An employer can be liable even without actual knowledge of the work being performed because employers are able and have a reasonable opportunity and duty to inquire as to what the employee is doing after hours at work. But if the employee hides her actions from the employer, the employer may not have to pay overtime as outlined in the Fair Labor Standards Act FSLA law.
What if I did not seek approval for overtime? Am I still entitled to that overtime pay?
Whether or not approval is sought, if an employer knows that more than 8 hours a day were worked by an employee for a total of more than 40 hours in a workweek, that employer is required to pay overtime according to the Fair Labor Standards Act FSLA law.
When is “double time” due?
Double time is not federally required under the wage and hour Fair Labor Standards Act FSLA law. An agreement between employee and employer must include a provision for “double time” in order for the employee to receive it.
Can compensatory time be substituted for cash due to pay overtime?
Compensatory time (“comp time”) is applicable to government employees and cannot be substituted for overtime pay. The Fair Labor Standards Act FSLA law generally does not permit “comp time” to be substituted for cash in overtime cases. See Comp Time, Bonus and Shift Pay, Incorrect Rate of Pay.
What is the workweek standard?
A workweek is designated by seven (7) consecutive days of work and is the basis for calculating overtime pay. Hours worked during the workweek cannot be averaged between more than one workweek. Each workweek stands alone. However, specially listed professions, such as medical-care employees, police officers, and fire fighters, are permitted to be paid on special “alternative work periods.”
Does the Wage and Hour FSLA law guarantee any particular amount of work time?
The Fair Labor Standards Act FSLA law does not guarantee any set amount of work time. The Fair Labor Standards Act FSLA Federal law does not set a particular schedule of work. An employer can lawfully “adjust schedules” within a workweek to avoid paying overtime to employees.
How can I enforce my Wage and Hour Fair Labor Standards Act FSLA rights?
If you want to sue, it is best to hire an overtime attorney with knowledge and experience in wage and hour and employment law. Keep a record of your employer’s actions and that she is not following federal labor guidelines under the Fair Labor Standards Act FSLA law. You may also contact the U.S. Department of Labor (DOL) and discuss your employer’s actions. The DOL does not always prosecute a wage and hour legal case, even though it may have investigated an overtime pay FLSA claim.
Can an employer fire an employee if she sues for unpaid wages?
An employer cannot legally fire an employee or retaliate against her if she sues for unpaid wages under the Fair Labor Standards Act FSLA law. Common examples of retaliation include blacklisting employees who have made Fair Labor Standards Act FSLA claims, refusing to hire applicants who have made wage and hour FLSA claims at a previous employment, firing relatives of the employee, reducing job responsibilities, assigning the employee to unpopular job duties or shifts, disciplining the employee out of proportion to past disciplinary practices, refusing raises, or lowering performance evaluations.
If I have an FLSA claim, what time period does it cover?
The FLSA will only allow overtime payment recovery beginning two (2) years prior to filing the Fair Labor Standards Act FSLA law complaint in court. If the employer knowingly disregarded Wage and Hour Fair Labor Standards Act federal regulations, the FLSA will require payment be made beginning three (3) years prior to filing the complaint in court. Giving a Fair Labor Standards Act FSLA law complaint to an employer, or the Department of Labor, is not the equivalent of filing an overtime legal complaint in court.
Do all “similarly situated” employees have to participate in an FLSA law suit if one employee decides to prosecute her employer?
No. Those employees “similarly situated” may file an Fair Labor Standards Act FSLA law suit together as a class action. However, if the employees win the suit, those employees who did not join in the FSLA lawsuit would not be entitled to the benefits of any judgment. “Similarly situated” is a legal standard.
I got a severance agreement and/or signed a waiver saying I would not sue the company. What rights do I have?
All private employees have the right to minimum and overtime wages even if they signed a waiver. Therefore, for overtime purposes, employees who sign a waiver or a severance agreement have the same rights as if they hadn’t signed anything at all. In most cases, only waivers supervised by the DOL or obtained in a private lawsuit can eliminate an employee’s rights under the Fair Labor Standards Act FSLA law. Certainly, see an overtime lawyer before signing any document that waives your wage and hour Fair Labor Standards Act FSLA rights. But even if you have already signed an FLSA document in exchange for severance pay, ask an overtime attorney to review it. Experienced employment wage attorneys routinely perform this task in their overtime law practice. Even though a consultation fee may be charged, often the fee is not as large as you might think. The overtime attorney will then let you know what rights, if any, you still possess according to the wage and hour Fair Labor Standards Act FSLA law. Employers often overlook important details and leave open certain opportunities for employees to receive overtime pay due under the federal FSLA law.
What are liquidated damages?
Liquidated damages are unpaid back wages, possibly resulting in double the unpaid amount. Employees are generally entitled to liquidated damages and can receive them through an overtime lawsuit against the employer.
How do employees pay their FLSA lawyer if they cannot afford one?
Paying an FLSA lawyer is between you and your overtime attorney. Some FLSA lawyers work on a “contingency fee” basis where they collect payment after judgment in the case. Usually, a “contingency fee” is a percentage of the awarded judgment. Suit expenses will either be paid by the client or advanced by the overtime lawyer, depending on the arrangement. Before hiring an overtime attorney to represent you in a wage and hour Fair Labor Standards Act FSLA law, make sure you understand the financial arrangement completely, and obtain the FLSA attorney’s fee agreement in writing.
How long does an FLSA Legal case take?
FLSA legal timelines are unpredictable, like any other type of wage and hour overtime lawsuit. Some overtime legal cases can be settled out of court quickly. Other Fair Labor Standards Act FSLA law susits and legal cases can take quite a long time to be brought to trial. Every Wage and Hour Fair Labor Standards Act FSLA lawsuit case is different.
Is overtime money recovered in an FLSA case taxable?
Yes, money recovered in a wage and hour Fair Labor Standards Act FSLA case is the same as actually having received the pay during employment.
What is the federal minimum wage?
The federal minimum wage is $5.15 per hour. In states where both state and federal minimum wage laws apply, the employee is entitled to the higher wage of the two.
Who is eligible for the federal minimum wage?
Covered, nonexempt employees are eligible for the federal minimum wage under the Fair Labor Standards Act FSLA law. Employees of federal, state or local government agencies, hospital employees, school employees, and domestic workers are also entitled to the minimum wage. The Fair Labor Standards Act FSLA contains a number of exemptions from the minimum wage that may apply to some workers.
What happens if state wage and hour Fair Labor Standards Act FSLA law requires a different minimum wage than federal law?
Where state law requires a higher minimum wage than the federal law, that state’s higher standard applies.
Overtime Law Frim Crone & McEvoy provides legal help and consultation on the Wage and Hour Fair Labor Standards Act FLSA Law Help nationwide. When you call, ask to speak with Alan Crone’s assistant handling overtime pay law questions. If you are not able to speak with someone immediately, we will take your contact information and call you back. You should receive a returned call within 24 hours. If you do not, please call us again. If you cannot receive a returned telephone call during Crone & McEvoy, plc regular office hours, please let us know and we will make special arrangements to contact you at time that is convenient for you.
For all Wage and Hour Fair Labor Standards Act FSLA law inquiries over the internet,
please use our Contact Form.