Understanding the Fair Labor Standards Act (FLSA)

Understanding the Fair Labor Standards Act (FLSA)

| Jun 3, 2020 | Discrimination |

“Take it or leave it; there are plenty of other people begging for work.” If you have ever struggled to find work on a construction site, you may have had someone say that to you.

The Fair Labor Standards Act exists to prevent employers from taking advantage of workers who are desperate for a job. It sets rates for minimum pay and overtime pay and sets rules in place to govern child labor and employment record keeping.

Does the FLSA apply to all employers or employees?

Not quite. While the FLSA covers private companies as well as local, state and federal government organizations, there are various exceptions. Some of the positions excluded are salaried executives, administration staff, professionals, teachers, certain sales positions, some drivers, farmworkers and more. The act does cover construction workers.

Does the FLSA regulate vacations or breaks?

The FLSA does not regulate vacations, rest periods or pay rises.

When does overtime need to be paid under FLSA?

Overtime is due at a rate of one and a half times your hourly wage on any hours you work above 40 hours per week. Provided your job is not exempt from the FLSA.

What happens if an employer does not comply with FLSA laws?

If your employer has not been abiding by the law, they would have to pay you any money they owe you and also have to pay a fine.

If you think you may be owed money by an employer in New Jersey who has not complied with the FLSA standards, consult an attorney. They can look at your situation and see if the law covers you. If you are covered, they can help you if you decide to claim against your employer.