What is an FLSA claim?

by Edward W. Allred on 01/06/2014

The Fair Labor Standards Act (FLSA) became federal law in 1938.  Also known as the Wages and Hour Bill, the FLSA provides worker protections including minimum wage and overtime pay guarantees and abolishes child labor.

An employer doing at least $550,000.00 in revenue per year is legally required under federal law to meet minimum wage and overtime pay standards for employees.  The federal minimum wage for hourly employees is $7.25 per hour. Overtime pay is calculated at time and a half.

Employees receiving tips are guaranteed hourly wages of $2.00 per hour in addition to their tips.  If an employee will not make enough tips to equal minimum wage rates in conjunction with the $2.00 hourly wage, the employer must cover the difference.  Tip pools are allowed under the Fair Labor Standards Act, but only if employees participating in the tip pool “customarily and regularly” receive tips.

Independent contractors do not fall within the protections of the Fair Labor Standards Act because they are not considered actual employees of a company.  However, companies cannot simply label workers as “independent contractors” when in reality those workers are performing the job duties of an employee.  This is illegal. 

Workers denied minimum wage or overtime by an employer, including misclassification as an independent contractor, have legal recourse through FLSA.  Workers can file a civil lawsuit, either individually or collectively, against their employer if their rights have been violated.

The Fair Labor Standards Act is very complex, and if you feel that your rights as a worker have been violated, Watts Guerra LLP recommends that you seek an attorney’s opinion as soon as possible.

At Watts Guerra LLP we handle employment and FLSA claims across the United States.  Our attorneys understand the law, and we can help fight for your rights granted by the Fair Labor Standards Act.

Tags: Employment and FLSA Disputes, Fair Labor Standards Act

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