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The attorneys at the Zipin Law Firm have helped numerous clients pursue claims for wage and/or overtime violations and RECOVER LOST WAGES.
Wage and overtime standards are established under the federal Fair Labor Standards Act (FLSA). The FLSA regulates minimum wages and overtime pay for both full-time and part-time employees.
Basic Minimum Wage Provisions of FLSA
Employers are required under the FLSA to pay non-exempt employees a minimum wage of at least $5.15 per hour.
Tipped employees may be paid a direct wage of $2.15 per hour if the employer considers tips as part of the employee's wages. Certain conditions must be met to be paid minimum wage under this provision.
Basic Overtime Pay Provisions of FLSA
The number of hours in a day and the number of days in a week that an employer may require employees to work are not restricted by the FLSA as long as the employee is at least 16 years of age. The FLSA does not limit the number of overtime hours that an employer may schedule as long as all non-exempt employees are paid the minimum of one and one-half times (1½ x) their regular rate for all hours in excess of a 40 hour work week.
Other FLSA Provisions
The FLSA requires that employers keep records on employee hours and wages.
Exempt Employees
Some employees are exempt from the overtime and minimum wage provisions or the overtime provisions alone. Employers should consult with an attorney to determine what provisions specifically apply to their employees.
Some examples of employees exempt from minimum wage and overtime pay requirements include:
- Newspaper delivery employees or other employees of certain small newspapers
- Certain recreational seasonal amusement establishment employees
- Executive, administrative and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor's regulations)
- Casual babysitters and individuals working as companions to the elderly
- Seamen employed on foreign vessels
- Fishing operations employees
Some examples of employees exempt only from the overtime pay requirements include:
- Certain domestic service workers
- Movie theater employees
- Salespersons, parts clerks and mechanics of auto, truck, trailer, aircraft, boat, or farm implements employed by non manufacturing establishments that primarily sell those items to certain purchasers
- Farm workers
- Commissioned employees of certain retail or service establishments
- Certain employees paid on approved-trip rate plans, including taxi drivers, certain motor carrier employees, railroad and air carrier employees, local delivery employees, seamen on American vessels
- Announcers, news editors and chief engineers of certain non metropolitan broadcasting stations
If you are paid hourly, daily or per shift, you are not exempt from payment of overtime wages. Even if you are salaried, you may not be exempt if you are not performing exempt duties.
Your Options
If you think you have suffered a minimum wage or overtime pay violation. The attorneys at the Zipin Law Firm can help you to determine the best course of action during an in-office consultation.
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