First enacted in 1938, the Fair Labor Standards Act (FLSA) establishes a number of minimum federal standards that most businesses in Ohio must adhere to. If a company violates these regulations, their actions typically constitute wage theft and could serve as grounds for any impacted worker to file a lawsuit. However, it can be difficult to prove an FLSA violation, especially if you try to do so without help from a competent wage and hour attorney.
With a Chardon FLSA lawyer by your side, you could be able to effectively prove your case and seek restitution for back pay, as well as additional damages.
Protections Under the Fair Labor Standards Act
The FLSA is responsible for workplace practices that many workers today take for granted, such as the 40-hour workweek and restrictions on child labor. However, the two FLSA regulations most commonly violated by employers are those setting a minimum hourly wage and establishing requirements for overtime pay.
Minimum Wage Law
Current federal law sets the minimum hourly wage at $7.25 for non-tipped workers and $2.13 for tipped workers. However, any state law that sets a higher minimum wage supersedes the federal law, meaning the minimum wages for workers in Chardon are $8.70 per hour, or $4.35 per hour with tips, as of 2020. If a worker’s tips plus minimum wage are not enough to equal the minimum hourly wage for non-tipped workers, their employer must make up the difference.
Hours Worked
Anyone covered under the FLSA who works for more than 40 hours in a single workweek must be paid time-and-a-half for every extra hour worked, meaning they must receive one and a half times their normal hourly wage. There are several types of employees who are exempt from this requirement but employers sometimes misclassify employees as exempt when their job duties do not merit an exemption. A labor violations attorney could help an individual worker in Chardon determine whether their rights have been violated and discuss how to take legal action.
Who Does the FLSA Apply To?
The regulations set out in the FLSA only apply to companies that bring in over $500,000 in revenue per year or engage in “interstate commerce.” However, federal courts have been generous when defining what qualifies as “interstate commerce,” meaning only a few small businesses and family farms are considered exempt from the FLSA.
There are a number of people who are not owed overtime pay. Among them are:
- Executives
- Administration
- Performers, or other “highly specialized” workers
- Outside salespeople
- Certain types of computer or engineering workers
- Independent contractors
Unfortunately, it is common for employers to erroneously classify workers as contractors when they actually meet the FLSA criteria to be considered employees. Anyone who suspects they have been misclassified at work or denied any other FLSA rights should contact a local lawyer as soon as possible.
Learn More by Talking to a Chardon FLSA Attorney
Federal employment laws have been reworked and redefined many times over the years, but in its current state, the Fair Labor Standards Act is fairly unambiguous. If an employer fails to provide a sufficient hourly wage, wrongfully denies a worker overtime compensation, or violates any other tenet of this act, they could face serious legal consequences.
If you would like to take action against your employer’s unfair practices, a Chardon FLSA lawyer could be your strongest and most important ally. Get in touch with Tittle & Perlmuter today to schedule your first consultation and start exploring your legal options.