FAIR LABOR STANDARDS ACT WAGE CLAIMS
Federal and state law protect employees from unfair wages as well as fear of retaliation from their employers upon report of improper wage practices. If you have not been paid a fair wage for any employment or have not received your total amount of compensation, you may be entitled to compensation for your injuries. Contact an employment law attorney today to determine what your rights are under the law.
THE FAIR LABOR STANDARDS ACT
The Fair Labor Standards Act (FLSA) is overseen by the United States Department of Labor, which establishes minimum wage and overtime. The FLSA requires employers to pay the minimum wage and any overtime pay if the employee is not exempt.
Many employers take advantage of uninformed employees and either do not pay them the full amount of their wages or claim they are not entitled to overtime or minimum wage. However, this is in direct violation of the Fair Labor Standards Act. The FLSA specifically provides as follows:
Covered nonexempt workers are entitled to a minimum wage of not less than $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.
Many large companies and corporations have violated this seemingly straightforward Federal law, such as Wal-Mart, Enterprise Rent-A-Car, and Longs Drug Stores.
SPECIFIC VIOLATIONS OF FLSA
Employers often violate FLSA by failing to pay their workers for all the time they work. If your employer has asked you to perform certain tasks “off the clock,” you are entitled to be paid for any work performed. As an employee, you need to make sure you hold your employer accountable for all work you should be paid for. If your employer insists on a certain amount of “off the clock” work, they have violated the FLSA and you may be able to seek compensation.
Employers additionally violate the FLSA by refusing to pay overtime. Certain employers insist that because an employee is salaried, they are not entitled to receive overtime. This is a falsity, and in order to be exempt from overtime, you must meet certain federal standards.
Wait staff also may have claims against an employer if their combined wages and tip credits do not equal the minimum hourly wage. In this situation, the employer must make up the difference. If the employer does not, they may be in violation of the FLSA.
ZELDES HAEGGQUIST & ECK | SAN DIEGO, CALIFORNIA EMPLOYMENT ATTORNEYS
If you believe that you have been unfairly compensated, you may be able to file a claim against your employer under the FLSA. The experienced attorneys of Zeldes Haeggquist & Eck, LLP will carefully examine your case and advise you of the best course to take. You should not be forced to work without pay or at a reduced pay. Contact our San Diego offices today for your initial free consultation.