Understanding the Fair Labor Standards Act

Understanding the Fair Labor Standards Act

On Behalf of | Jan 20, 2022 | Employment Law |

The Fair Labor Standards Act (FLSA) was established to address many important aspects of employment, including minimum wage, overtime pay, recordkeeping and other employment standards. There is information available that can help employees understand their rights under the FLSA.

Minimum wage and overtime

The federal minimum wage is $7.25 per hour and it applies to businesses that have at least $500,000 per year in sales. Also, if the state provides a higher wage than the federal minimum wage, the employee is entitled to the higher wage.

Non-exempt employees are also entitled to overtime pay for over 40 hours of work per workweek. Overtime pay must be at least one and one-half times the employee’s regular rate of pay. However, the FLSA does not limit the number of hours an employee may work in a workweek. It also does not require employers to pay overtime for weekend or holiday work, unless overtime is worked on those days.

Consequences for failure to pay

If the employer does not pay the employee minimum wage or overtime, he or she can face serious consequences.

The Wage and Hour Division enforces the FLSA and it investigates data on wages, hours and other employment practices. Employers who willfully or repeatedly violate minimum wage and overtime laws can face penalties of $1,000 per violation.

In addition, the employee may be entitled to back pay or other compensation for these violations. Unfortunately, it can be difficult for an employee to know how to pursue these payments on their own, especially if they feel intimidated by the employer.

An experienced employment law attorney can represent employees who have not been paid appropriately and ensure they receive the compensation they are entitled to.