Photo by Gabrielle Henderson on Unsplash
When the Fair Labor Standards Act (FLSA) was introduced as governing law, President Franklin D. Roosevelt described the policy as “A fair day’s pay for a fair day’s work.” The idea behind the law is fairness – but what does that mean exactly?
The FLSA was designed to protect employees from being taken advantage of by their employers. In today’s modern age of faceless, multinational corporations, the need for protection has arguably never been as great. The FLSA governs a broad category of rights, including unpaid overtime, safe working conditions, a mandatory minimum wage, among others.
However, the unfortunate truth is that it is still fairly common for employers today to fail to uphold these rights of workers. And employers are often crafty in structuring their violations of this law so that fewer employees notice – but this is still not okay. No matter how slick your employer might think it is, if it the employer is violating the FLSA, you probably have a claim.
Below, I have laid out the three FLSA violations I see employers engage in most often, and what those violations often look like. However, please keep in mind that these are not the only ways an employer can violate the FLSA. If you have reason to believe your employer is violating your rights under the FLSA in any way, it is in your best interest to contact an experienced employment attorney immediately.
OVERTIME PAY AND VIOLATIONS – ARE YOU OWED BACKPAY?
Working a regular 40-hour schedule can be a grueling endeavor. Working above and beyond those hours is even more challenging, especially when denied the appropriate pay and not in accordance with the law. The law requires that employers pay their employees 1 ½ times their normal rate for each and every hour worked over the standard 40-hour workweek.
There are a number of instances where an employee may be owed overtime backpay, including:
- Being paid salary rather than hourly
- Having a management title, but not doing management type work
- Earning tips as a majority of your pay
- Being paid per project
- Lack of adequate time keeping measures MINIMUM WAGE – ARE YOU BEING PAID ENOUGH?No matter where you stand on the national debate regarding minimum wage increases, the law requires that a minimum wage be paid to employees. Today, that federal minimum is $7.25. If your employer is paying less than the federal minimum wage, for any reason, you should seek legal counsel to determine whether this is appropriate given the circumstances, or a violation of your FLSA rights. In New York, the current state minimum wage is much higher, and is increasing annually across the state.Employers operating businesses in New York must abide by both the state and federal laws. Failure to do so could result in owing back pay to an employee, on top of other possible damages in the form of monetary payment. Depending on the type of violation, you may be entitled to additional damages, including two times back pay, liquidated damages, and unpaid overtime wages plus interest.EXEMPT VS NON-EXEMPT – ARE YOU PROPERLY CATEGORIZED? The classification of exempt or non-exempt employee presents an important distinction. An exempt employee is excluded from minimum wage, overtime regulations, and other rights and protections that non-exempt employees enjoy. The distinction is important to determine FLSA protections.An employer must pay a salary rather than an hourly wage to categorize a position as exempt. While the distinction also presents confusion for employees, many employers know what they are doing and why they are doing it. The bottom line is this – an exempt employee has fewer protections under the FLSA. If you believe that you have been wrongly or incorrectly classified as an exempt employee, you need to challenge this determination by first seeking legal counsel.
CONTACT SHALOM LAW, PLLC TO DISCUSS YOUR RIGHTS
If you feel that you are the victim of a violation of the Fair Labor Standards Act (FLSA), you should contact attorney Jonathan Shalom, Esq. at (718) 971-9474 to learn how the law can work for you. In addition to possible recovery under the FLSA, you may also have a claim under the corresponding state statute as well. If a violation has occurred, do not hesitate to seek legal counsel as the first step to securing justice for your claim because of the short federal deadlines. Civil actions alleging violations of the FLSA have a short statutory period of limitations of only 2 years. Willful claims can be filed within 3 years under certain circumstances. Failure to abide by these strict timelines could result in having your claim time-barred forever.
SHALOM LAW, PLLC has experience with representing clients in a wide range of employment-related matters, including litigation, arbitration, compliance, general counseling, and victims’ rights. In addition to the issues presented above, you should also contact Jonathan Shalom, Esq. about any questions regarding child labor laws, records that should be kept in the ordinary course of business, discrimination, wrongful termination, hostile work environments, or any other type of civil legal dispute. The first step to justice is a free legal consultation to understand your rights and responsibilities.
This memorandum relates to general information only and does not constitute legal advice. Facts and circumstances vary. We make no undertaking to advise recipients of any legal changes or developments
