What Is The Fair Labor Standards Act And Why Is It Important?

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FLSA Violations Lawyer

People who work within the public and private sectors in the United States of America have the right to work because of fair labor standards. The Fair Labor Standards Act benefits private and public sector employees who fall under the FLSA as workers by regulating their employment issues (one such issue is the federal minimum wage), overtime pay, and record-keeping responsibilities of employers. The FLSA also requires that employers remain compliant with employment laws to avoid criminal violations or civil violations. 

The Fair Labor Standards Act is what regulates minimum wage, which is the bare minimum that an employer is allowed to offer as pay for a position in their company. Minimum wage is deemed to be a beneficial requirement of the Fair Labor Standards Act because it guarantees a salary that the worker will earn at minimum for any specific occupation. Federal minimum wage is also there as a protection against being paid unfair wages, though this is extremely controversial today as minimum wage has not gone up with the cost of living. This part of the Fair Labor Standards Act especially protects tipped workers as they receive tip credit and they have to pay their workers if they do not make what they would be paid a set hourly rate (minimum wage) in their tips. 

Reasonable work hours ensure that, especially for younger workers who are sixteen or younger, receive special limitations on how long they can work and when they can work on school days and non-school days. For adult workers, or people over the age of sixteen, they rely on their employers to establish their work hours in a given week. When you work over forty hours in one workweek, you must pay your employers a premium–this premium is “time and a half” of the employee’s regular pay.

When To Hire a Lawyer Regarding the FLSA

Any lawyer that deals in FLSA violations are going to take this extremely seriously, and the lawyers at Cohen & Cohen, P.C. realize this too and can help you to determine if you have been a victim of violations in regards to the Fair Labor Standards Act. If your employer is not paying you fairly, whether that’s because they are not paying you minimum wage or not paying for the hours you’ve worked, or even refusing to pay you overtime, a good FLSA violations lawyer can help you.

What Is a Wage and Hour Violation?

Wage and hour violations occur when your employer does not pay for all of the work you performed and this can happen in a number of ways. There’s quite a few ways your employer can violate the Fair Labor Standards Act, and we’ll give you a little list so you can get an idea of things to keep an eye out for. This list is not exhaustive.

  • If your employer has failed to pay you minimum wage.
  • If your employer has refused to give you break time or meal time as required by the law.
  • Does your employer refuse to pay for hours worked, even if they’re worked from home?
  • Has your employer failed to pay you for “off-the-clock” work or “side work”?
  • Your employer has to pay for time that is needed to equip safety gear.
  • Your employer must pay you overtime and stick to the amount of overtime you are allowed to receive according to state law.