First enacted in 1938, the Fair Labor Standards Act (FLSA) is a piece of federal legislation that establishes various minimum requirements for how employers in the United States compensate employees for hourly and overtime work, in addition to prohibiting “oppressive child labor.” Unfortunately, despite the longevity of the FLSA, violations of the standards it sets are shockingly common in Ohio and across the nation.
If your employer violated your rights, you might be able to take legal action with help from an Elyria FLSA lawyer. A dedicated wage and hour attorney could clarify your legal options, help you determine what you could seek in terms of recoverable damages, and set you on the right course towards a positive case resolution.
One of the most important issues governed by the Fair Labor Standards Act—codified in 29 U.S.C. §203—is the setting of a national minimum wage for hourly employees. The FLSA guidelines require a minimum hourly wage of $7.25 for non-tipped employees. However, state law sets the minimum hourly non-tipped wage for Ohio employees at $8.70 as of 2020.
The FLSA also established important regulations for how employees should be compensated when they work more than 40 hours in one week. Specifically, any employee who works more than 40 hours in a continuous string of 24-hour days must be paid at a rate of at least one-and-a-half times their usual hourly wage for every overtime hour worked. Federal law currently does not require overtime pay for hours worked on weekends or holidays if those hours do not bring an employee beyond 40 hours in a workweek, but a competent attorney could discuss with someone what other circumstances might constitute an FLSA violation.
One of the most common ways employers violate the FLSA is by misclassifying employees as independent contractors. Since independent contractors are not protected by the FLSA, employers sometimes treat workers who should be considered employees, based on their working conditions and expectations, as independent entities who are not owed a minimum wage, overtime pay, or other protections.
Many employers also violate FLSA regulations by participating in what is known as wage theft. This means employers failed to properly compensate employees for overtime hours worked or refused to make up the difference in tipped employees’ incomes to ensure they received at least minimum wage after tips. A qualified FLSA lawyer in Elyria could help an employee who was affected by these tactics seek restitution for denied back pay, as well as for certain other damages.
The Fair Labor Standards Act is the centerpiece of wage and hour law in the United States but that unfortunately does not mean every employer adheres to it as they should. If your FLSA rights are not respected by your employer, you could take legal action against them and pursue the compensation you rightfully earned and deserve.
A conversation with an Elyria FLSA lawyer could help you understand what you are owed and decide on a plan of action to get your illegally denied wages back. Call Tittle & Perlmuter today to set up a consultation with an experienced legal professional.