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The Fair Labor Standards Act is a national statute that protects workers' by establishing minimum wage, overtime pay rates and various other employee-related issues. According to the FLSA, employers are required to visibly post FLSA guidelines in the working environment so that all employees are aware of the law and its amendments.
Because the Fair Labor Standards Act is a complicated, regularly changing law, anyone who suspects that his or her employer has violated it should consult a FLSA lawyer who specializes in labor lawsuits. By meeting with an FLSA lawyer, you can find out if you have a legal claim and determine if pursuing a lawsuit is right for your situation.
Also referred to as the "Wages and Hours Bill," the Fair Labor Standards Act is a federal law that:
determines guidelines for the employment of minors
establishes overtime pay rates
outlines rules for recordkeeping, namely when it comes to documenting employees' hours and pay rates
regulates commissions and tip earnings
sets minimum wage
Among the number factors that the FLSA governs, minimum wage and overtime pay rates are usually the stipulations that receive the most attention:
minimum wage: While the FLSA first set minimum wage at $0.40 per hour in 1938, since then, a series of amendments have significantly increased the national minimum wage, currently making it $6.55 per hour. On July 24, 2009, the minimum wage will be increased again, setting the national standard at $7.25 per hour.
overtime pay: Any time an employee works over 40 hours in a given week is considered overtime. For overtime hours, employers are required to pay at least 1.5 times the employee's standard hourly rate for each overtime hour worked. Because the FLSA does stipulate certain exemptions for overtime pay, it's important that both employers and employees understand the FLSA's overtime regulations.
The wide scope of the Fair Labor Standards Act means that, not only does this law cover a lot of ground in terms of employer-employee issues, but it also leaves a broad opening for possible violations. Some of the common ways in which employers can violate the Fair Labor Standards act include by:
deducting money from employees' paychecks so that, after the deductions, the employees' hourly rate averages to less than minimum wage
forcing employees to pay out some of their tips and/or commissions (According to the FLSA, all tips or commissions employees earn are entirely their own, and the employer has no right to take a percentage of them.)
having employees work for tips or commissions only (It's illegal for an employer to not pay a base hourly minimum wage, unless certain, specific rules and exemptions apply.)
paying employees less than $6.55 per hour (minimum wage)
refusing to pay appropriate overtime rates.
Keep in mind that these are just some of the possible ways that employers can violate the FLSA. Individual situations can be exploited in other, more subtle ways.
Employees who suspect that they are being victimized by FLSA violations should meet with an FLSA lawyer as soon as possible. During a consultation, workers can:
learn more about the Fair Labor Standards Act
find out if they have a legal claim
decide if it's worth their while to pursue a lawsuit
In most cases, these consultations are free, and many Fair Labor Standards Act lawyers will delay payment for their services until you win your case.
Dont be a victim of illegal violations of the Fair Labor Standards Act. Consult with an FLSA lawyer and ensure your rights are protected today.
California Labor Commissioner, Angela Bradstreet filed a lawsuit with the Superior Court of California, County of San Diego, Dec. 23, against Einstein Industries Inc. According to the lawsuit, the San Diego-based online healthcare and ...
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