FLSA Philadelphia is subject to the overarching federal laws. The Fair Labor Standards Act (FLSA) structures much of the day-to-day standards in the workplace. As a matter of fact, FLSA standardized the 40-hour workweek, established minimum wage, implemented overtime wages, and challenged child labor rules.
When employment rights have been violated, whether unpaid overtime or FLSA exempt misclassification, contact an FLSA attorney.
What Does FLSA Do?
The Fair Labor Standards Act interacts in a number of important ways for the American employee. Basically, the FLSA ensures employees receive his or her rightful wages. Although FLSA does so much for the job holder, the most important may be offering overtime requirements for the American employee. These requirements decide whether or not an employee is eligible for FLSA overtime wage.
When an employee works over the standard 40-hour workweek, FLSA may require that he or she receives overtime wages. Over the years, misclassification and inflation have decreased the relevance of FLSA to the American working population. However, President Obama moved to create the new overtime wage laws, which were implemented on December 1, 2016. Am I eligible for overtime under the new overtime laws?
Who Enforces FLSA?
Throughout the USA, different offices work to enforce FLSA. The Philadelphia Regional Solicitor’s office moderates the regions of Pennsylvania, Maryland, Virginia, Delaware, West Virginia, and the District of Columbia for all workforce law items. However, as a whole, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) enforces FLSA.
The WHD focuses on private employers, federal employers, and state and local government employers. For employees who work in the executive branch, FLSA is enforced by the U.S. Office of Personnel Management while the U.S. Congress overseas the employees of the legislative branch.
Who Is Eligible For FLSA Philadelphia Overtime?
FLSA outlines a simple series of requirements to decide whether or not an employee is eligible for overtime compensation.
The requirements are based on two different aspects of an employee’s job: salary and responsibility. Basically, your weekly or yearly salary must be under a certain sum to be eligible for FLSA. When it comes to the responsibility aspect of the overtime requirements, your tasks must not fall into the professional, academic, or administrative categories. To learn more, check out the “Quick And Dirty: FLSA Overtime-Eligible Employees” section of What Is FLSA?.
If you are eligible for FLSA coverage, you will receive overtime compensation for every hour worked over 40 hours in a single workweek. Overtime pay is time and a half (1.5) pay. FLSA requires your hours be recorded for overtime wages.
Is FLSA Relevant Today?
Although FLSA solidified in 1938 with its promise to develop and protect the rights of American workers, FLSA strives to stay relevant for present and future workers. Additional amendments to the original act keep FLSA current.
FLSA improves the working lives of Americans through the below items.
- standards for offering compensatory time off work
- providence for federal and state employees
- protection for educational institutions and hospitals
- equal pay based on expertise, production, and responsibility
- requirements for overtime wages
If you are eligible for overtime wages but aren’t receiving your due wages, you can sue your employer for not paying your overtime.
How Can A FLSA Philadelphia Attorney Help?
FLSA Philadelphia attorneys specialize in FLSA and the past legislative decisions. With experience and knowledge, an FLSA Philadelphia lawyer works to offer you options and settle your complaint favorably. If you find yourself in any of the below situations, reach out to a lawyer.
In some cases, employers may not be calculating your wages accurately or may be misclassifying you as an exempt employee. Whether or not your employer is aware of this violation of the law, it is illegal. Look into your options by contacting a lawyer because you may be able to sue your employer for unpaid overtime wages.
Extra time spent working before or after clocked work time should be paid. Moreover, if your employer requires you to perform certain tasks before clocking in, this time ought to be considered work time. Working off the clock for no pay is against the law.
Unfortunately, an employer refuses to pay the due wages to an employee sometimes when the employment relationship is severed. But not paying wages is against the law. If you have not received your due pay, contact a lawyer because he or she can help you fight for what is rightfully yours.
Although retaliation is illegal, it still happens. Any negative employment action that influences your career after you have filed a FLSA complaint against your employer should be shared with your lawyer. In any case, retaliation comes in the form of threats, demotions, termination, or physical violence. We hope you don’t have to deal with retaliation, but if you do, this is how to handle retaliation for an overtime complaint.
Eligible employees receive FLSA overtime wages. Some employers misclassify employees exempt so no overtime wages need to be paid. For example, if construction workers are classified as independent contractors rather than hourly employees, the employer does not need to pay overtime. Don’t let this happen to you. If you believe you’ve been misclassified, contact a FLSA Philadelphia lawyer.
FLSA protects tipped employees. Although tipped employees are paid less than minimum wage, their final wages including collected tips must match or exceed standard minimum wage. If your final wages are consistently less than minimum wage, speak to an FLSA Philadelphia attorney.
If you are eligible for FLSA coverage and haven’t receive overtime wages, contact a FLSA lawyer who will navigate your case and fight for your rights under the law.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at email@example.com.