The Fair Labor Standards Act (FLSA) is a federal law that ensures that employees are paid minimum wages for all hours worked and that certain employees are paid overtime wages for working more than 40 hours in a week. In general, it prevents employers from stealing wages from their employees.
The benefits of the Fair Labor Standards Act are to protect employees’ rights. Some of these protected rights include fair workplace treatment, protection from working without proper compensation, and the right to receive time and a half for working more than 40 hours in a week. A Cleveland Fair Labor Standards Act lawyer could help you take legal action if your employer violated your protections under this law. Our skilled attorneys could review your case and determine what course of action would be most beneficial.
A common misconception about the Fair Labor Standard Act is that it applies to everybody. The FLSA typically only applies to non-exempt employees. For someone to be a non-exempt employee, they must make less than $455 a week and they must have occupational duties that do not fall under an administrative role. Therefore, someone who is a supervisor, an executive, or an administrator may not have FLSA protections. These employees also do not have to be paid overtime for working more than 40 hours in a week.
Another common misconception comes in the context of being classified as independent contractors. The Fair Labor Standards Act protects employees as the law defines employee. In some circumstances, it does not protect independent contractors. It protects people who are paid on overtime, but it does not protect people who are paid on 1099, which is how they report their wages to the IRS. A Cleveland lawyer could help an employee who has been classified improperly according to the FLSA.
The Fair Labor Standards Act is not the only wage or hour rate regulation in Cleveland. Some municipalities have wage and hour regulations. In Cleveland, there is no citywide minimum wage , but it has been proposed. However, Ohio has its own set of laws in a constitutional amendment that protects employees’ minimum wage and overtime rights. In particular, the Ohio Constitutional Amendment that protects employees’ minimum wage rights is a little bit more favorable for employees than the Fair Labor Standards Act.
There are many ways that an employer can violate minimum wage laws. If there is a minimum wage violation, federal law allows the recovery of twice the amount that the employee was underpaid. In contrast, the Ohio Constitution allows recovery of three times that amount. A Cleveland FLSA attorney could explain how an individual’s particular situation may constitute a violation under any wage and hour regulation.
The FLSA protects the rights of many workers. However, employers may violate these rights in some situations. If you believe that your employer violated your right to overtime or minimum wage, speak with one of our Cleveland Fair Labor Standards Act lawyers.