Fair Labor Standards Act (FLSA) Lawyer

You deserve fair treatment at work. For most employees, that means working a reasonable number of hours, getting paid at least the minimum wage, and receiving overtime when they work more than 40 hours a week.

Unfortunately, many employers skirt the law. They emphasize profits over people, and you pay the price. A Fair Labor Standards Act (FLSA) lawyer can help you protect your rights and turn the table on those employers.

If you believe your employer is not obeying the law, contact an experienced unpaid overtime wages attorney at The Lore Law Firm. We will review your situation and help you decide what action to take.

What the Fair Labor Standards Act Does

The Fair Labor Standards Act (FLSA) is a federal law that applies to most employers and their workers. However, some workers in specific industries, such as agricultural workers, truck drivers, and railroad workers, are not covered by the FLSA.

States have their own labor laws. State laws may offer workers more benefits and protections than federal law but cannot offer less. In many cases, state laws are friendlier to workers than federal law. Our FLSA attorneys can help you understand the law in your jurisdiction and explain whether it offers more generous provisions than federal law.

Minimum Wage

The FLSA establishes the federal minimum wage that applies to most workers. Many states have higher minimum wages, and in that case, the employer must pay the higher wage per state law. Some employees are exempt from the law and do not have a right to minimum wage.

However, when an employee is expected to receive income from tips, their wages, including tips, may never be less than the minimum wage for that jurisdiction.

Overtime Rules

According to 29 United States Code § 207, employers must pay time-and-a-half for any time an employee works in excess of 40 hours a week. Some states require employers to pay overtime when an employee works more than eight hours in a day.

Some workers are exempt from overtime rules. Managers, executives, professionals, and some computer workers and salespeople are not entitled to receive overtime.

Other Provisions

The FLSA does not require employers to give their workers breaks for rest or meals, but some state laws do. Many employers may provide workers with breaks during the day of between 5 and 20 minutes. Although the workers need not be paid for this time, it is considered part of the workday, and the employer must count it when determining whether an employee qualifies for overtime.

Lunch or meal breaks of at least 30 minutes need not be compensated, unless state law requires it. The time spent on meal breaks does not count as part of the workday and is not factored into a worker’s time for overtime purposes.

The FLSA also requires employers to keep comprehensive records of the time their workers put in on the job. When a worker makes a complaint, and the employer’s records do not refute it, the employer must present other evidence proving the employee wrong.

Common Employer Violations of FLSA

Employers focus on maximizing their profits. Labor is usually one of the employer’s biggest expenses, so keeping labor costs down is typically a management priority.

Depending on the industry, employers try to circumvent the FLSA in many different ways. They may require workers to complete work-related tasks before or after they clock in, fail to include all compensation (such as bonuses, shift differentials or other incentives) when calculating the overtime pay rate, or they may misclassify a worker as exempt or as an independent contractor to avoid paying them overtime.

When an employer violates the law and treats workers unfairly, an employee can take action. Sometimes, the best strategy is to complain directly to the employer or make a report to the state agency that handles employee rights issues. In other cases, a lawsuit may be appropriate. Our knowledgeable FLSA lawyers work on a contingent fee basis (no fee if no recovery) and will discuss the pros and cons of each option so you can make an informed decision.

Contact Our Attorneys for Information on FLSA Requirements

The Fair Labor Standards Act (FLSA) imposes a few basic requirements on employers. When an employer violates these minimum standards, you can hold them accountable.

If you have concerns about whether your employer is respecting your rights, contact a Fair Labor Standards Act (FLSA) lawyer at The Lore Law Firm for a free and confidential review. We are happy to answer questions and explain the law in your jurisdiction. Contact us today.