We will begin this article by explaining that the Fair Labor Standards Act, FLSA, is responsible for creating and establishing standards for fair minimum wage, overtime pay, data maintenance, and employment of minors that affect full-time and part-time workers in the private sector and federal government, as well as in state and local governments.
There are certain special rules that apply to those employees in governmental, local, and state sectors, related to activities for fire protection, police activities, volunteer services, and granting time off in place of cash payment for overtime.
As with all laws, there are employers willing to violate and fail to comply with what they stipulate. In situations like this or where you feel your rights have been violated, you have the possibility of receiving free legal advice from one of our labor attorneys. At Conexión Legal we are prepared to help you.
Basic Wage Standards
The Fair Labor Standards Act, FLSA, stipulates that workers under the scope of the law and not exempt, have the right to a minimum wage of $7.25 dollars per hour in effect since July 24, 2009. Special provisions will be applied to workers in American Samoa and the Northern Mariana Islands.
With respect to non-exempt workers, they must be paid overtime at a rate of at least time and a half of their regular rate of pay after 40 hours of work in a work week.
The FLSA law requires that wage payments due be made on the regular payday that covers that payment period. It is illegal to make deductions from wages for lack of funds or merchandise, to purchase uniforms required by the employer, and for the cost of trade tools, if those deductions reduce the employee's wage below the minimum rate required by FLSA law or if they reduce the amount of overtime pay due under FLSA law.Find at Conexión Legal, labor attorneys willing to support you in any labor case; contact us through WhatsApp or Schedule your Consultation to receive free advice.
Exceptions to the Fair Labor Standards Act
The Fair Labor Standards Act generally applies to all workers within the United States, including the District of Columbia and U.S. territories and possessions; however, there are several exceptions that have to do with overtime, minimum wage, and requirements for child labor, which are:
- Commission sales employees, not counting those exempt from overtime requirements if more than half of the employee's earnings come from commissions and the employee earns an average of one and a half times the minimum wage for each hour worked.
- Computer professionals such as IT professionals whose pay is at least $27.63 per hour, are exempt from overtime requirements.
- Drivers, driver helpers, loaders, and mechanics, who will be exempt from overtime benefits if they are employed by a transportation company and the employee's duties affect the safety of the operation of a passenger transport vehicle or property in interstate or foreign commerce.
- Agricultural workers, they will be exempt from overtime and minimum wage benefits if employed on small farms; however, others are exempt from overtime benefits regardless of farm size.
- Automobile dealers, parts workers, and mechanics are exempt from overtime benefits if employed by an automobile dealership.
- Seasonal and recreational employees will be exempt from both overtime and minimum wage benefits if employed by certain recreational and seasonal establishments.
- Executive, administrative, professional, and outside sales employees are exempt from overtime and minimum wage benefits if they receive a salary.
The exceptions apply for each work week, and employees who perform both exempt and non-exempt tasks in a work week are usually not exempt.
If you believe that any of the rules stipulated by the Fair Labor Standards Act have been violated or you believe you have not been paid the required federal minimum wage or overtime hours, you have the right to file a complaint with the Wage and Hour Section of the United States Department of Labor.
To file a complaint it is essential that you take into account the professional and transparent support that the labor attorneys at Conexión Legal can offer you. Reach out to us by phone or WhatsApp and receive the quality legal advice you need to obtain timely and guaranteed legal representation.
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