FLSA Rights and Worker Exploitation in Arizona
Posted on behalf of Phillips Law Group on Dec 28, 2010 in Employee Rights
The Fair Labor Standards Act, or FLSA, is a wide-ranging federal law thats designed to protect workers by imposing basic standards of reasonability in how they are put to work for employers. The law was originally enacted in 1938 to combat employer practices that exploited their workers by way of required overtime without the requisite pay, employing underage workers and other practices that were seen as not only unreasonable, but dangerous. If you or a loved one feels your rights are being exploited by an unfair employer, contact an Arizona workers rights lawyer today for a case review.Below is an overview of the FLSA and worker exploitation. Youll find information regarding the basic requirements of the FLSA, certain abuses that constitute worker exploitation and how you should proceed if you or someone you love has been harmed as a result of this issue.
FLSA and Worker's Rights in Arizona
The FLSA is an enormous federal law, and the aspects of employment that it covers include:
- Minimum wage standards The federal government sets the national minimum wage, and different states can set their own minimums provided that they do not go below the number established on a national level. The current minimum wage is set at $6.55 per hour, and in July of 2009 that number rises to $7.25 per hour.
- Overtime pay The FLSA establishes requirements for extra pay for hours worked beyond the normal workweek, which is usually 40 hours. Generally, workers must be paid 1.5 times their normal rate for each hour worked beyond that normal amount.
- Youth employment The statute governs the definition of child laborer and sets the minimum age for adult employment at 16. Workers younger than 16 are restricted in terms of the number of hours they can work.
There are other requirements, including equal pay for equal work, but the most common problems that arise in terms of worker exploitation involve minimum wage and overtime pay. Below are some common issues that arise with the FLSA.
Phoenix Worker Exploitation Issues and Employee Rights
There are several issues that arise that by result violate certain tenets of the FLSA, and a few examples appear below:
- Salaried employees Many employers mistakenly believe that paying a worker on a salary basis as opposed to a per-hour basis creates an exemption from having to pay overtime. This is simply not the case. There are exemptions to the overtime laws based on working in management, in an outside sales capacity and others, but simply classifying someone as a salaried employee does not remove the jurisdiction of the FLSA.
- Misclassification of an exempt worker Companies tend to classify workers as exempt, which means that they are generally not subject to minimum wage and overtime regulations. As mentioned above, certain positions are exempt, but companies will sometimes exempt other positions improperly, and this ultimately deprives the workers of several basic rights.
- Non-pre-approved overtime Many companies have internal policies that state that overtime pay will only be made to the worker if that overtime is approved before its completed. Regardless of any internal policy, it will not be considered valid if it violates relevant statutes, and this type of policy does tend to fly in the face of the FLSA.
FLSA Lawsuit Claims and FLSA Attorneys in AZ
If you feel that your rights under the FLSA or any other employment statute have been violated, you need to take action as soon as possible. Contact the FLSA and worker exploitation attorneys at Phillips Dayes Law Firm PC today to schedule a free initial consultation.