FLSA, Wage and Hour Claims

The Fair Labor Standards Act of 1938 (FLSA) provides with the intention of covered employers obligation remuneration a least amount wage and overtime remuneration to their employees. The FLSA furthermore imposes record keeping rations and provides in support of values in support of the employment of personnel under the age of 16.

Under the FLSA, nonexempt employees obligation be paid a least amount wage of by the side of smallest amount $7.25 for every hour, which was valuable as of July 24, 2009. When employees do more than 40 hours in a workweek, employers are obligatory to remuneration overtime remuneration by the side of a rate not a reduced amount of than single and one-half time the regular rate of remuneration in support of all such hours more than 40.

Minimum Wage under the FLSA

Effective as of July 24, 2009, the federal least amount wage is $7.25 for every hour.

Overtime Hours

The FLSA requires with the intention of nonexempt employees obligation receive overtime remuneration in support of all hours worked more than 40 hours for the duration of a workweek (a “workweek” is defined under the FLSA as in the least fixed cycle of 168 with the intention of is repeatedly chronic – seven consecutive 24-hour periods) by the side of a rate of by the side of smallest amount single and one-half time the employee’s regular rate of remuneration. The employee can be obligatory to do in the least figure of hours for the duration of the workweek, although here are limits on youth employment (under 16 years of age). Under the FLSA here is thumbs down special or celebration remuneration (such as bend in two or premium pay) in support of in the least do performed on the weekends, or in support of do performed for the duration of a celebration, or for the duration of a era with the intention of is a common era inedible but for an employee workings overtime on such days.

Tipped Employees

Employers of tipped employees (i.E., persons who usually and repeatedly receive more than $30 a month in tips) can take into bill such tips as part of wages, but obligation remuneration a upfront wage of by the side of smallest amount $4.19 for every hour. If an employer elects to enjoy the “tip credit” provision the employer obligation: (i) enlighten both tipped employee with the intention of it will be taking the tip glory allowance (including the amount to be credited) more willingly than the tip glory is useful; (ii) be able to cabaret with the intention of both tipped employee receives by the side of smallest amount the least amount wage whilst his/her upfront wages and the tip glory allowance added as one; and (iii) allow all tipped employees to keep all tips, whether or not the employer elects to take a tip glory in support of tips time-honored, apart from to the point in the least such employees participate in a suitable tip pooling bargain.

What Constitutes Hours Worked

An employee is considered to boast worked for the duration of the intact count cycle for the duration of which the employee is on the premises of the employer by the side of the application or information of the employer. This includes time for the duration of which the employee is on call, or by the side of a work site away from the employer’s place of employment, but by the side of the application of the employer.

Recordkeeping Requirements

The FLSA requires with the intention of all employers pose an officer poster in a conspicuous place with the intention of outlines the rations of the FLSA. Employers are furthermore obligatory to claim employee count and remuneration records in support of a variety of count periods established by the regulations.

Employment of Persons under the Age of 20

The FLSA sets forth special provisions in support of employees under the age of 16. These provisions are designed to shelter minors and further their academic education. The provisions furthermore prohibit the employment of minors in jobs everywhere the conditions are negative to their strength. Under the youth employment provisions, an employer can remuneration a bargain least amount wage of not a reduced amount of than $4.25 for every hour in support of employees under 20 years of age for the duration of their elementary 90 days of employment. The FLSA, however, prohibits an employer from hiring or taking in the least feat to fire current employees in order to hire employees by the side of the youth least amount wage.

Retaliation under the FLSA

The FLSA protects employees with the intention of complain to their employer in support of not receiving the repayment of the FLSA. It is illegal in support of an employer to terminate an employee since he or she complained with reference to not being paid the federal least amount wage or not being paid overtime compensation.