The Fair Labor Standards Act (FLSA) requires employers to pay their employees overtime for all hours they work over 40 per week, if the employees are covered by the Act. The FLSA also requires employers to pay covered employees at least the minimum wage.
Many employees are denied overtime pay or the minimum wage without even realizing they have a legal right to be properly compensated. Many employers wrongly label employees who are legally protected by the FLSA as “exempt” in order to avoid paying them overtime or minimum wage. Employers also sometimes label protected employees as “independent contractors” so they can avoid paying them what the law requires.
If you are covered by the FLSA, then your employer labeling you as “exempt” or calling you an “independent contractor” does not deprive you of your federal right to receive overtime when you work more than 40 hours per week. Even if your employer pays you a salary, pays you commissions, or pays you bonuses, you may still be entitled to overtime pay if you meet the FLSA’s requirements.
The FLSA is a powerful law that helps level the playing field between employers and employees. Employees who are covered by the FLSA can file legal claims against their employers to recover wages they should have been paid. The FLSA permits multiple employees to join forces in a single case. And it prohibits employers from retaliating against employees who assert FLSA claims.
The LAW Firm’s attorneys have extensive experience helping employees enforce their rights to overtime pay and the minimum wage. The firm’s lawyers have successfully prosecuted FLSA cases on behalf of individuals and on behalf of classes of employees. They have handled overtime cases in many industries and on behalf of many types of employees.
If you have a question about your rights under the FLSA, or you believe your employer is not properly paying you overtime or minimum wage, then please call (470) 823-4000 and let us see if we can help.