What is the Fair Labor Standards Act?

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The Fair Labor Standards Act is a federal law meant to protect workers. It sets a variety of rules about how employees are treated and paid. Because these rules are set at the federal level, workers in every state have some level of protection if they are mistreated by an employer or taken advantage of. Companies who find themselves in violation of the FLSA can be penalized quite harshly. A Chesterfield County wage and hour law attorney is ready to help you if your employer has ignored any tenet of the Fair Labor Standards Act.

Does the Fair Labor Standards Act Set Rules About Overtime and Hours Worked?

One of the primary purposes of the Fair Labor Standards Act is to make sure that workers get fair pay for their hours worked. An employer must properly track how many hours an employee works and make sure that they are paid for all of those hours.

The FLSA also covers overtime. If you work more than 40 hours per week, you need to be properly compensated for those extra hours. According to the Fair Labor Standards Act, that means getting paid at least one-and-a-half times your normal hourly wage for any overtime hours worked. So if you normally make $20 per hour, then your overtime wages must be at least $30 per hour.

Does the Fair Labor Standards Act Affect the Minimum Wage?

The Fair Labor Standards Act also affects the minimum wage. It sets the federal minimum wage to $7.25 per hour. States can also set their own, higher minimum wages.

Are All Workers Protected Under the FLSA?

Most workers are protected under the FLSA, but certain rules may not apply to certain types of workers. Some examples of this include:

  • Tipped workers, like waitstaff, can be paid less than minimum wage
  • Overtime rules do not apply to many salaried workers
  • Minors and students can sometimes be paid a lower wage
  • Some interns are not paid a wage at all

Then there are independent contractors, who do not have the traditional employer-employee relationship with a company. Their employers do not need to pay them a minimum wage, track their hours, or give them overtime pay.

What Should I Do If My Employer is in Violation of the FLSA?

If you suspect that your employer is violating the FLSA, you can file a complaint with the Wage and Hour Division of the Department of Labor. Then there will be an investigation, if your complaint is compelling enough. An employment lawyer can help you craft a more convincing complaint and gather the evidence needed to show that your employer is violating the FLSA.

Talk to an Employment Lawyer

If your employer is not following federal or state laws, there’s no time to waste. Contact Passero Employment Law and talk to our experienced employment lawyer about your issue today. This law firm will work to hold any employer accountable for violating the law.

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