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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.
The FLSA outlines the federal minimum wage rates and mandates that most employees receive overtime pay for each hour worked beyond 40 in a seven-day workweek. In addition, many states have their own minimum wage rates and overtime pay laws. Some states require overtime pay after eight hours of work per day, while other states have overtime laws that mandate overtime pay after 40 hours of work per week. If you work long hours, chances are good that you’re entitled to overtime pay.
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 a Lemberg Law attorney who can navigate both the federal FLSA and state labor laws.
The FDCPA makes a number of debt collection tactics illegal, including:
“Off the Clock” Work
The FLSA requires employers to keep accurate records about employees’ time and pay. The law says that hours worked include not only the time spent at the job, but also time spent on duty at any other place. The FLSA says that all work time must be compensated, and that employers can’t ask you – or require you – to perform “off the clock” work.
Misclassification
Sometimes, an employer classifies a worker as an “exempt employee,” and says that because of that label, he or she is not eligible for overtime pay. Nothing could be further from the truth.
According to labor law, exempt workers are typically those who are in executive, administrative, or professional positions. But don’t be fooled. Just because you work in an office doesn’t mean that you’re classified as an “exempt” administrative employee.
Labor law is very specific that an exempt employee is defined not by his or her job title, but by the actual regular job duties. If you’ve been labeled as an “exempt employee,” but don’t have job duties that 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 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.
If you are expected to work regular hours or work at the employer’s place of business, chances are you’re an employee under the law. You’re likely being ripped off if you’re being paid as an independent contactor.
“Chinese Overtime”
The term is offensive, but the practice is common. “Chinese overtime” is also known as the “fluctuating work week” method of paying overtime. So, if an employer pays a base rate for 40 hours per week but the number of hours worked each week varies, the employer can pay half of hourly base pay rate for each hour worked over 40 during a week. The FLSA allows this “half-time” overtime pay providing the worker’s hours fluctuate from week to week, the employee has a fixed salary independent of the number of hours worked, and that the pay exceeds the minimum wage.
Sometimes, the employer will try to have it both ways – paying “Chinese overtime” but docking pay for weeks when the employee worked fewer than 40 hours.
This and related practices are illegal under the FSLA.
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 contact us 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.
