When an employee clocks in at work, he or she can reasonably assume the employer will pay the worker fairly and on time. Employers must adhere to fair wage laws, including paying overtime, distributing paychecks on time and compensating workers for all of the hours they worked. Failure to do these things is a breach of the rights of employees, and it could be a valid reason for an employee to pursue legal action against the employer.
What is the Fair Labor Standards Act
The Fair Labor Standards Act is a federal mandate that clearly establishes workers’ right to overtime pay, typically at a rate of time and a half. In order to be covered by the FLSA, an employee must be considered nonexempt. To determine whether the employee is nonexempt, the following questions may be helpful:
- Does the employee earn more than $23,600 per year?
- Is the individual a salaried employee?
- Is the employee considered in charge or in a managerial position?
If an employee answers yes to any of the above questions, he or she is likely not covered by the FLSA.
Protecting of rights
The FLSA covers a range of circumstances, and each worker will find it helpful to understand how it could apply to his or her unique employment situation. An employee who believes he or she experienced a violation of the right to fair pay may benefit from speaking with an experienced employment law attorney. An evaluation of the case can determine whether an employee has grounds for a civil claim.