The Fair Labor Standard Act of 1938 (FLSA) is the primary Federal law governing wage and overtime practices, in part by imposing record-keeping requirements upon employers to account for wages, salary, and benefits. The FLSA was designed to combat the negative impacts that poor working conditions have on health, efficiency, and well-being by imposing minimum standards on employers. Among other protections, the FLSA provides the following protections:

• Covered non-exempt employees (employees entitled to receive overtime pay) must receive at least the federal minimum wage for all hours worked;
• Non-exempt Employees must be paid overtime at one and one-half times their “regular rate” for hours worked over 40 hours in a workweek; and
• Employers must maintain accurate records of hours worked and ages paid. 

From failing to include bonuses and incentive pay within the calculation for the regular rate of pay used to determine the overtime pay rate, to failing to compensate employees for pre-and post-shift work, the FLSA provides many protections that require practical experience to discern an employer’s tactics as unlawful. One of the most vexatious issues in employment law arises when an employer misclassifies an employee as either an independent contractor or as exempt from FLSA protections.The FLSA doesn’t consider the employer’s intentions to establish an FLSA violation, merely depriving an employee of their rights is sufficient to establish a violation. Understanding the rights provided by the FLSA is the first step in ensuring that your rights are protected. 

How We Can Help

If you think your employer has cheated you out of earnings, talk to one of our experienced labor law attorneys at VKV. Our employment lawyers have been involved in thousands of cases relating to federal FLSA and New York State wage and hour laws, and offer the practical experience needed to assert and protect your statutory rights.

“We work hard on your behalf to empower you to fight back if you have been cheated by your employer. We are experienced in all litigation and mediation areas involving the FLSA and the Equal Employment Opportunities Commission.”

— Robert Valli, Jr.

The fact that the FLSA permits class action for employees that are similarly situated is evidence that you may not be the only one. If you have a grievance against your employer’s wage and hour policies, there are likely others at your company that suffer in the same way. Minimum wage and overtime claims are highly fact and document-specific, as well as time-sensitive. Acting promptly can preserve your ability to recover unpaid wages and additional damages that federal law permits. Talk to a trusted member of our team today for an initial consultation.

Additional resources you may find helpful:

• U.S. DOL Wage and Hour Division: FLSA Hours Worked Fact Sheet
• U.S. DOL FLSA Reference Guide