Federal and state laws set standards for minimum wage, overtime pay, and more.
Across the United States, most employees enjoy a number of protections in the workplace. This includes the right to receive a fair wage for the work that they perform, and a prohibition against making employees work overtime without being paid appropriately. Both federal and state law protect employees’ rights to receive this fair compensation, and if employers violate these rights, they could face a lawsuit.
A federal law known as the Fair Labor Standards Act (FLSA) was passed in 1938 after the Great Depression to address many of the horrible labor practices that sprung up as employers took advantage of people who were desperate for work. This law is very broad, and defines a number of aspects of the modern workplace, including the 40 hour workweek, the federal minimum wage, the requirement that employees be paid overtime and restrictions on child labor. Since it was initially passed, there have been many revisions to the law that require that both male and female workers be paid equally for equal work and setting standards for how employees are paid for overtime work.
The FLSA applies to any employer whose annual sales are $500,000 or more, or who is engaged in interstate commerce. The second part of this definition means that almost any employer is subject to the FLSA, as most businesses operate in interstate commerce in some way, such as by taking orders via the internet or ordering items from a supplier in another state. However, there are some types of businesses, such as small farms, that are specifically exempted from the FLSA. If an employer is exempt from the FLSA, it may still be subject to a similar state law regarding fair compensation.
FLSA and state laws typically apply to employees who are paid hourly, rather than to salaried employees. There a number of ways that an employer can violate the FLSA or state law, such as by stealing tips, or not giving you the full meal or break time that is required by law. For example, if the law of your state requires that your employer gives you two 15 minute breaks and a 30 minute meal break for every 8 hour shift, and your employer only gives you two 10 minute breaks and a 20 minute meal break, then your employer is short-changing you by 30 minutes each shift. An experienced employment law attorney can discuss whether you have a valid wage and hour claim on this basis.
Other wage and hour claims may be based on your employer’s failure to pay you the state or federal minimum wage, or to pay you overtime as required by law. If you believe that your employer has violated the law and is not paying you fairly, a skilled employment law attorney can help you decide on your next step. This may include filing a claim against your employer for your unpaid back wages, damages, and other relief, based on the facts of your case.
At PLBH, our employment law attorneys are skilled at helping workers get favorable outcomes. We work collaboratively with our clients to reach the result that they want, whether it happens though negotiation, at arbitration, mediation or in court. We offer free initial consultations, and in some cases, we may be able to represent you on a contingency fee basis. Contact us today to schedule your free appointment at (800) 435-7542 or info@plblaw.com.