The Fair Labor Standards Act protects employees from unfair pay practices. These practices include unpaid overtime, labeling hourly employees as exempt employees, wage theft, and other illegal employee labor practices. Under the FLSA, employees are entitled to a fair day’s pay for a day’s work.
When your employer ignores the wage and hour laws described under the Fair Labor Standards Act, you need a wage and hour lawyer to help you get the justice you deserve. The top wage and hour lawyers at the Derek Smith Law Group can help. They can stand by you and help you fight for the compensation you deserve.
As a victim of FLSA violations in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey, you need the best labor lawyer available to help you stand up and fight for justice. The Derek Smith Law Group has the best labor lawyers to help you get paid.
The Fair Labor Standards Act (FLSA) is the federal law that sets the stage for the rights of employee wages and hours. The law requires employees working over 40 hours a week to earn at least time and a half of overtime pay. It provides guidelines for hourly (non-exempt) employees, salaried (exempt) employees, and contracted employees. It provides the rules and regulations concerning minimum wage, employee taxes, and payroll deductions.
The main components of the FLSA include the following:
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The FLSA sets the guidelines for minimum wage in the United States. Under federal law, the minimum wage for non-tipped employees is $7.25 per hour. Tipped employees must earn a minimum wage of $2.13 per hour. However, tipped employees must receive a total of $7.25 per hour with their tips. Otherwise, the employer must pay the employee an additional $5.12 (the tip credit) to bring the employee to minimum wage. Many states have higher minimum wage requirements. The state law will trump the federal minimum wage limits unless the job is with the federal government.
Employees must be at least sixteen years old (14 years old for non-agricultural jobs) to work a restricted schedule with shortened hours. In most states, these employees must have parental consent to work in any job except hazardous jobs. Employees must be at least eighteen years old to work hazardous jobs or without parental consent.
The FLSA requires all non-exempt employees working over 40 hours in any given week to earn overtime pay for those hours worked. Under the law, overtime pay is calculated at 1.5 times their regular hourly rate. The overtime hours worked must be calculated weekly, regardless of the pay cycle. For instance, if an employer’s pay cycle is every two weeks, overtime pay must be calculated weekly. Therefore, an employee could work over 40 hours one week and not work at all the second week. Yet, they would still earn overtime pay for the additional hours worked over 40 for the first week of the pay cycle.
Hourly employees, also known as non-exempt employees, are entitled to overtime pay from their employers. When an employer misclassifies an hourly employee as a salaried employee (exempt employee), they are violating the FLSA. This violation results in unpaid overtime and wage theft. A top labor lawyer can help you prove wage theft from your employer and get the justice you deserve.
The FLSA is very clear about who can be considered an exempt employee. Under the labor law, employees must meet a specific set of criteria to be lawfully considered exempt employees. These criteria include the following:
Any highly compensated employee earning over $107,432 per year can be exempt from overtime pay as well. The best wage and hour lawyers at the Derek Smith Law Group can help determine if you are misclassified as an exempt employee.
The FLSA sets very clear guidelines for recordkeeping for non-exempt employees. Employers must hold these records for two years. The records must include all of the following information (although the format is up to the employer):
Any highly compensated employee earning over $107,432 per year can be exempt from overtime pay as well. The best wage and hour lawyers at the Derek Smith Law Group can help determine if you are misclassified as an exempt employee.
You can file your FLSA complaint with the US Department of Labor Wage and Hour Division. You have two years(three years for intentional violations) to file a complaint with the US Department of Labor. However, state laws may vary and offer other options. Make sure you include as much information as possible with your claim, including pay records. Our top labor lawyers can help ensure you gather all the proper documentation to file your claim within the time limit allowed by law.
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Depending on the nature of your FLSA claim, you may receive back pay or money owed by your employer as well as interest. You may also receive liquidated damages, which is double the unpaid overtime payments your employer owes you. You may sometimes receive additional damages, such as punitive damages. Punitive damages are monies ordered by the court to punish your employer and help ensure they (and other employers) do not make these mistakes in the future. When you work with one of the best wage and hour lawyers from the Derek Smith Law Group, you can be sure you will get all the compensation the law will allow.
Our Fair Labor Standards Act attorneys have extensive experience fighting for employees and their rights against FLSA violations. Our top labor lawyers will help manage the following aspects of your FLSA claim:
The best wage and hour lawyers at the Derek Smith Law Group will work with you through every step of the legal process. They will ensure all information is captured and properly filed with the proper court or authority. They will stand by your side throughout the entire process to ensure you are never alone.
Navigating the complexities of the FLSA can be challenging. If you believe an employer has violated your rights under the FLSA, the FLSA lawyers at Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, or New Jersey are ready to help. Call today at 800.829.2207 for a free consultation.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
The FLSA is the federal law that sets the guidelines for minimum wage, overtime, employee classification, recordkeeping, and employee wage and hour rights.
The FLSA says overtime pay is 1.5 times an employee’s hourly rate of pay.
Any employee who is an hourly employee making under $107,432 a year is a non-exempt employee. They are entitled to overtime pay.
Employees must receive overtime pay for any time worked over 40 hours a week.
Individuals must be at least 16 years of age to work limited hours with parental permission. Individuals aged 18 or older can work all hours without parental consent and in hazardous conditions.
Employers must maintain all payroll records relating to each employee for at least two years.
The federal minimum wage for non-tipped employees is $7.25 per hour. Tipped employees’ minimum wage is $2.13 per hour plus a tip credit of $5.12 per hour.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
