Employee Rights & The Fair Labor Standards Act
The Fair Labor Standards Act is a law thats been in place for decades, and it was originally enacted to put an end to abuses that were taking place by employers who were openly exploiting their workers. Children were working long hours, women werent paid the same as men and overtime was not being paid to those who had earned it. The FLSA put standards in place to govern all of this, but the statute, like most from the federal government, is long and complicated.
Thats why you need to seek legal help if youve been wrongfully treated and/or underpaid by your employer for work completed. The best way to start would be to contact an FLSA lawyer at Phillips Dayes Law Firm PC as soon as possible to schedule an initial consultation, as you need information before deciding how to proceed.
In the meantime, below are some issues that could be relevant to your situation.
Reach of the FLSA:
The FLSA governs nearly all jobs and employers, as every employer must comply with uniform standards of minimum wage, overtime pay, fair pay for both genders and other worker-related issues. Any violation of the FLSA could result in not only liability attaching to the employer in terms of fines, but also in terms of civil judgments payable to the employee or employees harmed as a result of these violations.
Jobs Excluded from FLSA
However, not every job or type of job is distinctly covered by the FLSA. Basically, if other federal statutes govern a particular line of work, then the FLSA may not apply to their current situation. For instance, railroad workers, ship workers and many truck drivers are not covered by the FLSA because other statutes specifically govern their job-related issues.
Exempt or Non-Exempt Classification:
A crucial distinction under the FLSA is whether an employee is deemed to be exempt or non-exempt. If an employee is classified as exempt, he or she is generally paid a salary in which overtime is not factored into that workers income. Despite many employers attempts otherwise, the government will determine if an employee is exempt or non-exempt based on that persons actual duties and/or pay as opposed to the mere designation recorded by the employer.
Protected by the FLSA
What this could mean for you is that if you work a job thats not directly governed by a different statute, you are likely protected by the FLSA. Therefore, if you feel that you have been wronged by a current or former employer in any of the following manners:
- Not being paid for overtime;
- Not being protected by child labor laws;
- Being improperly recorded as an exempt employee;
- Not being paid as much as your counterpart because of gender; or
- Not being paid minimum wage
You could have a valid legal FLSA claim.
Your Next Step
If any of the information above sounds familiar, you need to act immediately. Contact an FLSA attorney at Phillips Dayes Law Firm PC as soon as possible to schedule an initial consultation.