| With almost 150 million Americans actively in the | | | | action! |
| workforce, knowing your rights under the Fair | | | | Another commonly known FSLA protection is the |
| Labor Standards Act can be helpful and often | | | | minimum wage requirement. Covered non-exempt |
| necessary! All employers cannot be trusted to | | | | workers are entitled to a minimum wage of $5.85 |
| know the federal wage and hour laws, nor to | | | | per hour. This became effective in July of 2007. |
| ethically apply them consistently and without | | | | Some state laws may have higher minimum wage |
| exception. The need for an employment attorney | | | | requirements for employers, but only federal |
| is far more frequent than you would suspect. | | | | employment laws are addressed in this article. |
| The majority of working Americans are classified | | | | The minimum wage rate will be increased to $6.55 |
| as non-exempt employees, which essentially | | | | per hour in July of 2008 and $7.25 effective July |
| means that the employee is not exempt from | | | | of 2009. This area is more difficult for employers |
| receiving overtime hours and pay. A non-exempt | | | | to “abuse” as federal minimum wage |
| employee is classified as such because of the | | | | laws are extremely “black and |
| type of duties performed, the level of their | | | | white” in their required application. |
| decision making authority, and the form/method | | | | Another employee protection afforded by the |
| of compensation for their position. The FLSA has | | | | FLSA is that employees must be paid for all the |
| very specific provisions in place that govern the | | | | hours they work in a workweek. The definition of |
| classifications of exempt and non-exempt | | | | “compensable hours” includes all time |
| employees. Non-exempt employees must be | | | | that an employee is considered to be on duty or |
| compensated for all hours worked including | | | | at their prescribed place of employment. This |
| overtime hours. | | | | employment law also covers work that is |
| One of the most commonly known protections | | | | performed at a home residence, travel time, |
| afforded by the FLSA is the governing of | | | | waiting time, and training time. Again, it is |
| employers and their application of overtime | | | | important to keep track of your hours worked, |
| compensation as it relates to non-exempt | | | | including any overtime hours on a weekly basis. |
| employees. Any employee that works more than | | | | Employers may often be unfamiliar with Wage |
| 40 hours in a week must receive at least one and | | | | and Hour employment law, or they choose to |
| one–half times their regular pay rate for | | | | ignore it, when it relates to travel time or requiring |
| the overtime hours worked. Therefore, it is | | | | employees to take work home and complete it |
| important that you know and track your | | | | “off the clock”. Simply because the |
| overtime hours on a weekly basis. Your employer | | | | employee is not completing their work while at |
| undoubtedly will provide a method of accurately | | | | their place of employment at their desk or |
| tracking your “work time” but this is | | | | assigned station, this does not release an |
| not necessarily “always” the case. | | | | employer from having to pay for all compensable |
| Some employers are not cognizant of the | | | | hours worked. Again, employees that are |
| importance of following employment laws and | | | | performing work away from their actual |
| some employers, for whatever reason, may not | | | | employment location should keep detailed records |
| intend to pay overtime wages that are rightfully | | | | if they are not being compensated for those |
| earned. This can create the need for an | | | | hours. An employment attorney may be |
| employment attorney if you have been denied | | | | necessary to secure your right to your regular |
| your rightful overtime pay, but accurate records | | | | and/or overtime wages! |
| are extremely helpful to support and win a legal | | | | |