Fair Labor Standards Act

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Fair Labor Standards Act

The Fair Labor Standards Act, also referred to as the Wages and Hours Bill, is a U.S. law affecting both government workers and employees of the private sector. While this federal law has been amended multiple times since it was first passed in 1938, the Fair Labor Standards Act has, throughout the decades, continued to:

establish overtime pay
regulate standards for youth employment
set a national minimum wage
require employers to display the regulations of FLSA via the official poster

Essentially, the FLSA is intended to protect employees from potentially dishonest employers by establishing fair rates of compensation for required and overtime work, among other stipulations.

As a result, it's important for all employees to be familiar with the requirements and rules outlined by the Fair Labor Standards Act. Anyone who suspects that his or her employer is violating some part of the FLSA should meet with a lawyer who specializes in labor cases. Victims of FLSA violations may be entitled to monetary compensation via a lawsuit against the non-compliant employer.

FLSA Stipulations

Here is an overview of the specific requirements outlined by the current Fair Labor Standards Act and its amendments:

minimum wage: As of July 24, 2008, the federal minimum wage has been set at $6.55 per hour for nonexempt workers. On July 24, 2009, minimum wage will be raised to $7.25 per hour.

Keep in mind that some states have their own minimum wage laws. In cases where the state and federal laws set differing minimum wages, employees are entitled to the higher minimum wage standard.

overtime: All hours worked over the required 40 hours per week are considered "overtime." Nonexempt employees who work overtime are entitled to at least 1.5 times their hourly rate for each hour of overtime they work.
records: Employers must keep accurate records of each employee's time and pay. Similarly, employers are required to display records of current FLSA requirements around the workplace so that employees are familiar with them.
work hours: Any time an employee is obligated to be at work, on duty or at a place where the employer requires work to be done is considered "on the clock time" and must be appropriately compensated.

It's noteworthy that the FLSA doesn't include driving to and from work as billable work time, as these tasks are fundamental to having any job and, therefore, aren't recognized as "hours worked."

youth in the workplace: Limits and certain prohibitions have been put on youth employment to support the completion of high school education and to protect minors' health.

While the above information reflects the most up-to-date details of the Fair Labor Standards Act, keep in mind that new amendments are regularly added to this law. Consequently, employees, as well as employers, should regularly review this statute to be sure they are aware of any changes to the FLSA.

FLSA Violations

The requirements set forth by the Fair Labor Standards Act are legally enforceable, meaning that any violation of them can be grounds for a lawsuit. Employers may be non-compliant with FLSA regulations if they:

don't accurately record employees' hours and/or pay
don't pay employees for certain hours they work
don't pay overtime for hours the employee works over the required 40 in a given week
employ minors in defiance of the strict guidelines set forth by the FLSA
pay employees less than minimum wage

FLSA Lawyer

Because employers can violate the Fair Labor Standards Act in a number of other ways, it's essential that any worker who suspects that he or she has been affected by an FLSA violation consult an experienced labor lawyer. By talking to an FLSA lawyer, affected workers can find out if they have a legal claim and whether or not pursuing a lawsuit is right for their case.

If you or a loved one has been victimized by an employer's violation of the Fair Labor Standards Act, contact us today to schedule a consultation with an experienced FLSA lawyer.