What is the The Fair Labor Standards Act?

What is the The Fair Labor Standards Act?

Few people have heard of it, even though it’s been around for more than 75 years.

The FLSA is the federal law that punishes employers for ripping off employees.

When it comes to overtime pay, the FLSA is specific about both overtime and who is entitled to it. But the bottom line is that most workers are entitled to 1.5 times their regular hourly pay if they work more than 40 hours in a week.

There are many nuances to the law, but if you believe you’re owed money for overtime pay, it’s worth your while to consult Lemberg Law. We can navigate both the federal FLSA and state labor laws.

Misclassification

Sometimes, an employer tries to wriggle out of paying overtime by giving workers job titles (like “manager” or “supervisor”) that don’t accurately reflect their job duties. According to the law, your job title doesn’t matter; when it comes to overtime pay, your pay and your job duties are what count.

If you’ve been told you can’t have overtime because you’re exempt, but your job duties don’t include things like setting policy, supervising employees, or making personnel decisions, chances are you’ve been “misclassified.” This “misclassification of workers” results in people just like you being denied the protections and benefits that they deserve – most notably overtime pay.

Independent Contractors

There exists a quasi-underground economy in today’s workforce, in which workers are either paid off the books or are paid as independent contractors when they meet the criteria to be considered employees. Employers who engage in this conduct do so to avoid paying unemployment insurance, workers’ compensation, benefits, overtime, social security, and disability, as well as to avoid the paperwork involved in income tax withholding.

Overtime Pay Checklist

If at least one of these situations applies to you, you may be eligible to sue your employer and recover up to three times the amount owed to you for overtime.

• Asked to work “off the clock”
• Discouraged from reporting your full hours
• Required to be at your station before your shift starts, but not paid
• Paid straight wages instead of overtime pay
• Misclassified as a “supervisor”
• Made to work during your off hours or vacation time
• Earn less than $913 per week but are denied overtime pay
• Written job description doesn’t match the duties you perform
• Paid under the table or off the books
• Work for a private company and receive comp time instead of overtime pay
• Have to respond to texts, emails, and calls when you’re off the job

The Clock is Ticking

Under the law, you have two years to file a complaint for back pay, or three years if the employer willfully violated the law. You don’t want the clock to run out. If you think you may have an OT claim, you should pursue it as soon as possible.

Afraid of Being Fired?

Many people who are being victimized by their employers are afraid that they’ll be fired if they take action. That could happen, but the law specifically addresses this issue, and prohibits employers from penalizing employees who assert their rights. If your employer in any way punishes you – by firing you, transferring you, or not promoting you – you can sue under the FLSA for retaliation. Jury awards in retaliation suits can range from tens of thousands to millions of dollars.

You have the right to be fairly paid for your work. You have the right to sue your employer without fear of retribution. And you have the right to recover up to three times the amount you’re owed, along with court costs and attorney fees.

If you believe you’re owed overtime pay, call Lemberg Law at 475-277-2200 for a free, no-obligation case evaluation. We’re standing by to take your call.