Fort Lauderdale FLSA Lawyer Fights for Fairness
What is the Fair Labor Standards Act?
The Fair Labor Standard Act was established by Congress in 1938. The purpose of the law is to hold employers accountable for treating employees fairly and paying them properly. The FLSA regulates minimum wage, overtime and child labor, among other aspects of employment.
The FLSA applies to all employers who engage in interstate commerce, who produce goods for interstate commerce, or who handle, sell or work on goods or materials that have been moved in or produced for interstate commerce.
What are the rules for wages and overtime pay?
The FLSA establishes minimum wage, overtime pay, record keeping and child labor standard affecting employees in the private sector and federal, state and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.
Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms and tools of the trade are not legal to the extent that they reduce the wages of employees below the minimum rate or reduce the amount of overtime pay required by the FLSA.
Overtime must be paid at a rate of at least one and a half times the employee’s regular wages for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. The following examples are based on a maximum 40-hour workweek applying to most covered nonexempt employees:
Hourly rate (For employees paid a regular hourly rate) — If more than 40 hours are worked, the employer must pay at least one and a half times the regular rate for each hour worked over 40 hours.
Example: An employee paid $8 an hour works 44 hours in a workweek. The employee is entitled to one and a half times $8, which would equal $12, for each hour over 40. Pay for the week would be $320 for the first 40 hours, plus $48 for the four hours of overtime for total pay of $368 before taxes.
Piece rate — The regular rate of pay for an employee paid on a piecework basis is figured by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one and a half times this regular rate for each hour over 40, plus the full piecework earnings.
Example: An employee paid on a piecework basis works 45 hours in a week and earns $405. The regular rate of pay for that week is $405 divided by 45, or $9 an hour. In addition to the straight-time pay, the employee is also entitled to $4.50 (half the regular rate) for each hour over 40 for an additional $22.50 for the five overtime hours for a total of $427.50.
Salary — The regular rate for an employee paid a salary for a regular or specified number of hours a week is obtained by dividing the salary by the number of hours that an employee works during a workweek. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the salary.
How can I prove my case?
You must file a claim in writing, because a signature of the claimant is required for the claim to become official. Additionally, an FLSA claim must include supporting documentation, such as position descriptions, organizational charts, time and attendance cards, and sign in and out logs, and other paperwork not kept electronically.
If you have not been paid at least minimum wage per hour, have not received sufficient overtime pay, or if you believe that you have been neglected by your employer, you may file a lawsuit against your employer for compensation. If you are not sure if your employer abides by the laws and regulations of the FLSA, contact a qualified labor and employment lawyer to discuss your rights.
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The Law Offices of Andrew Alitowski, P.A. is available when you need us. We offer free consultations, free parking and legal services on a contingency-fee basis — you don’t pay unless we win your case. Conveniently located by the courthouse in Fort Lauderdale, our attorneys are available 24 hours a day, seven days a week. Call 888.Ask.Andrew or contact us online today to talk to an experienced FLSA litigation lawyer.