Fair Labor Standards Act: Wages and Hours
What is the FLSA? Our Connecticut Employment Lawyer Provides an Overview.
Need an attorney for Fair Labor Standards Act in New Haven? The Fair Labor
Standards Act of 1938 (FLSA) is a federal statute that protects the rights
of employees to receive their pay according to the specific guidelines
contained in the law. It also establishes a national minimum wage, overtime
pay, and youth employment standards (prohibiting "oppressive child
labor", as defined in the statute).
The purpose of youth provisions is to safeguard the educational opportunities
of minors and protect them from unhealthy or hazardous work conditions.
Although each state has its own laws concerning minimum wage, the federal
minimum wage as of July 24, 2009, is $7.25 per hour. The United States
Department of Labor states:
"Covered nonexempt employees must receive overtime pay for hours worked
over 40 per workweek (any fixed and regularly recurring period of 168
hours - seven consecutive 24-hour periods) at a rate not less than one
and one-half times the regular rate of pay."
For more information on the Fair Labor Standards Act, contact a
New Haven employment discrimination lawyer.
Common Violations of the Fair Labor Standards Act
Time and Overtime – An employer must pay a non-exempt employee for the full time at
the workplace, not just the amount of time that the employer decides is correct.
Lunch and Breaks – An employer is required to pay for breaks less than 20 minutes.
Any time an employer interrupts a break over 20 minutes demanding an employee
perform work-related responsibilities, there may be a violation of the FLSA.
Working off the clock – Whether an employer orders an employee to attend work on a day
off or clocks the employee out for lunch while still performing job duties,
he or she has violated the FLSA.
Working from home – An employer must pay an employee for performing work from home,
as long as the environment is equipped for the job. When an employer refuses
to allow an employee time to study for work-related exams, he or she must
compensate the extra study time it takes the employee outside of work.
Salaried Employees – For non-exempt employees paid on a salary basis and work over
40 hours a week, the employer must pay for the extra time (with few exceptions).
Independent contractors – If treated as a regular employee (strict orders, work schedule,
etc.) and given a 1099 tax form after a year, there is a possibility the
employer may owe overtime pay because the worker is actually an employee,
not an independent contractor.
On call time – An employer must pay for the time he or she confines an employee
to a designated on call location.
Commissions and bonuses – When an employer has not paid an employee additional overtime
compensation because of any received commission or any periodic bonuses
corresponding with a program, the employer has violated the FLSA.
Searching for a lawyer for a Fair Labor Standards Act case in New Haven?
If your employer is in violation of these or any other terms of the Fair
Labor Standards Act, you may be able to recover certain unpaid overtime
and other compensation. These can be difficult situations, and how they
are managed is important. Many are concerned about their job should they
take action. Our firm is very aware of how best to address these issues
and protect you from the potential stress and difficulty you could face
at work, and will move forward carefully, with your interests and future
as our focus. Attorney Axelrod has achieved many favorable results for
clients in his
employment discrimination practice. We also represent clients in
If you are the victim of FLSA violations, contact a Connecticut employment discrimination lawyer.