FLSA Lawyer | The Fair Labor Standards Act
If you think your employer does not comply with the employment laws, get in touch with FLSA lawyer, Travis Hedgpeth, for a free consultation today.
A Professional Fair Labor Standards Act Lawyer
We all deserve to get compensated for the time and effort we put into our jobs. The Fair Labor Standards Act, also known as the Wages and Hours Act, was created to provide guidelines and regulations for most employers and employees in the private and public sectors. The FLSA establishes the minimum wage, employee classification, and overtime pay requirements. It also puts in place regulations for record-keeping and youth employment.
Employee Classification Law
An employee is classified as exempt or non-exempt based on their specific job duties, amount of wages they earn, and how they get paid. The FLSA covers non-exempt employees, a category of workers eligible for minimum wage and overtime pay. Non-exempt workers are typically guaranteed an hourly wage.
Salaried employees who receive a weekly paycheck of at least $684 or $35,568 annually are usually classified as exempt. They are not entitled to overtime pay.
There are many exemptions provided by the FLSA, and which affect different types of employees, including:
· Executive employees like CEOs, managers, and supervisors earning a salary of at least $684 weekly
· Administrative employees earning a salary of at least $684 weekly, such as those in charge of the HR, finance & accounting, compliance, and public relations departments
· Computer professionals like software engineers and programmers earning $27.63 or more per hour
· Professional employees who have specialized and advanced knowledge in specific fields of study, such as accounting, dentistry, nursing, law, and engineering
· Outside sales personnel
· Highly compensated workers who earn more than $107,432 per year
· Creative professionals like writers, actors, musicians, artists, and composers
· Independent contractors
Overtime Pay Law
The FLSA requires employers to pay non-exempted employees for over 40 hours they work in a workweek. For every extra hour, they should pay workers at least one and a half (1.5) times their regular hourly rates. There’s an exception that applies to employees with fluctuating workweek hours. Such workers receive half-time (0.5) their overtime hours, but they earn a fixed salary that does not change with the number of hours worked.
Minimum Wage Law
The last time the FLSA updated the minimum wage was on July 24, 2009. Employers of non-exempt workers must pay at least the federal minimum wage limit set at $7.25 per hour. Some states have increased the minimum wage. For example, Washington DC has a high minimum wage set at $13.50 per hour. If a state provides a higher rate, it is illegal for an employer to pay based on the federal minimum wage. In such a case, you should talk to an experienced FLSA lawyer to recover your unpaid wages and overtime.
Youth Employment Law
Under the Fair Labor Standards Act, employers must follow work hour provisions if they have employed younger workers who are 14 and 15 years old.
Legal work hours for youth employees
· 7 a.m. to 7 p.m.
· 3 hours on school days or 8 hours on non-school days
· 18 hours in school weeks or 40 hours in non-school weeks
The 14 and 15-year old, as well as 16 and 17-year old employees, are permitted to work in non-mining, non-manufacturing, and non-hazardous conditions. However, the youth employment laws vary by state.
FLSA Record-keeping Standards
The employer has to keep and maintain accurate records of employee payment and other essential details, including:
· Employee’s personal information (name, sex, address, age, occupation, social security number, etc.)
· Regular hourly rate
· Payment date or the covered pay periods
· Time and day an employee starts their workweek
· Number of hours worked each day and week
· Number of overtime hours worked each day and week
· Total daily or weekly earnings
· Total overtime wages for the extra hours worked in a week
· All wage deductions or additions
Failure to keep accurate records, an employer may find it difficult accounting for the exact hours worked if they face lawsuits over unpaid wage and overtime pay.
Employers commit a wide range of FLSA violations. The most frequent violations include:
· Misclassifying employees as exempt to avoid paying overtime
· Misclassifying employees as independent contractors
· Paying employees the federal minimum wage instead of the higher state minimum wage
· Failure to pay overtime each week
· Paying half-time to non-qualifying employees
· Shortchanging hours
· Failure to account for off-the-clock work hours.