An FLSA attorney represents individuals who have had employment rights violated, whether not being paid overtime or being misclassified exempt.
The Fair Labor Standards Act regulates much of the structure of employment. Not only does FLSA define the 40-hour workweek, but it also establishes the minimum wage, overtime wage requirements, and child labor standards.
If you think your rights under this law have been violated, contact us.
What Does FLSA Do?
Basically, the Fair Labor Standards Act strives to ensure all employees receive his or her rightful wages. FLSA sets minimum wage and overtime requirements of the American employee.
FLSA also provides for employees who work over the 40-hour workweek. Employees who meet certain criteria receive time and a half for time worked over the 40-hour workweek. However, misclassification and inflation complicated what was meant to be a simple process.
Throughout the last few years, court cases illuminated these issues, which prompted President Obama to implement the new overtime wage laws at the beginning of 2016.
Who Is Eligible For Overtime Under The Fair Labor Standards Act?
Ideally, FLSA provides for all employees under its overtime provision; however, an employee and the employer must meet certain criteria. Pennsylvania Overtime Compensation Lawyers specialize in this complex and detailed act and can offer expert and friendly advice if you have questions.
Overtime compensation is time and a half (1.5) pay for hours worked over 40 hours in a single workweek. However, overtime compensation is only offered to eligible employees. According to FLSA, employees fill out a Time and Attendance Record for overtime wages.
How Does An FLSA Attorney Help?
FLSA attorneys are experts on the Fair Labor Standards Act and the legislative decisions that have been made under this law. Frankly, the experience of an FLSA lawyer improves your case and offers you options for settling your case favorably. An FLSA attorney can help with any of the following situations.
Employers often try to escape paying overtime wages to employees. In some situations, an employer may tamper with an employee’s timecard or misclassify an employee as salaried. If you have received your paycheck and you suspect that you have not been paid your rightful overtime wage, an FLSA attorney can investigate your wages, job position, and lawful rights. He or she will suggest options for how to proceed. You may be able to sue your employer for unpaid overtime wages.
Some employers require employees to arrive fifteen minutes before his or her shift. During that time, the employee may be required to perform certain tasks before clocking in. This time is considered work time and should be treated as such. An FLSA attorney will help you build a case and make a claim against your employer.
In cases where the employment relationship has been severed, wages are sometimes unpaid. Sometimes an employer refuses to pay the due wages to this employee. This action is illegal. A FLSA lawyer will help you file a claim and fight for your rightful wages.
When you file a claim against your employer for an FLSA violation, employer retaliation may occur. Retaliation includes termination, threats, or physical violence. Of course, retaliation may be much more subtle as well. An FLSA attorney protects your rights, recognizes retaliation when it happens, and knows how to handle retaliation for an overtime complaint.
FLSA provides overtime wages for eligible employees only. Therefore, employers misclassify employees exempt so no overtime wages need to be paid. For example, an employer may classify construction workers as independent contractors rather than hourly employees. An FLSA lawyer investigates the job tasks against the standards of FLSA and decides how to challenge the employment classification.
Tipped employees are protected by FLSA. Due to the tips, employers are permitted to pay tipped employees less that minimum wage; however, the total including tips should be either minimum wage or higher. If your final wages are less than standard minimum wage, then speak to a FLSA attorney.
If you have worked overtime without compensation and you are eligible for FLSA coverage, contact a FLSA lawyer who will know how to navigate your case and your rights under the law.