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