FLSA Wage and Hour Claims
The Fair Labor Standard Act (FLSA) requires employers to follow federal guidelines regarding minimum wage, overtime compensation, exempt workers status, and other workplace issues. The law is incredibly complex and can implicate class action legal claims if enough employees are denied appropriate wages. Because the law and legal issues involved are so complex, employees are often confused about their rights and protections.
Common Wage and Hour Violations
Some common wage and hour violations include:
- Overtime compensation violations
- Minimum wage violations
- Break violations
- Illegally classifying an employee as an independent contractor
- Pre-shift and post-shift work time
- Improper paycheck deductions
- Salaried employees improperly required to work more than 40 hours per week
Consequences for Employer Violations
All employers whose gross receivables exceed the federal limit must comply with the requirements of the FLSA. If the employer fails to comply with the FLSA’s requirements, it may be liable for any outstanding wages, as well as a penalty that could be up to twice the amount of your unpaid wages plus any attorney’s fees that you incur in order to pursue your claim. If several similarly-situated employees have been the victims of FLSA violations, a class action lawsuit may be appropriate.
Frequently Asked Questions
Am I entitled to overtime?
If an employee is not exempt (see below), and the employer meets certain financial requirements, an employee is entitled to overtime pay.
How is overtime calculated?
The FLSA requires that non-exempt employees receive overtime pay equal to 1.5 times their regular hourly pay for any hours worked over 40 in a week.
How does the FLSA define exempt and non exempt employees?
Exempt employees are salaried employees who receive a monthly wage that is divided into pay periods. A nonexempt employee is defined as any employee whose salary is determined by an hourly wage. Some hourly paid employees are not eligible for overtime pay, however. The Department of Labor also specifically exempts certain employees from minimum wage and/or overtime pay requirements.
Are salaried workers entitled to overtime?
Under the FLSA, salaried employees are generally not exempt from the FLSA’s provisions, except for the executive, administrative professionals, and others on the list above.
If you have been denied the compensation you are owed, the knowledgeable Chicago-based wage and hour attorney at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can help you take the appropriate actions necessary to obtain your just compensation.
Will I lose my job if I ask for overtime?
No, your employer is prohibited from firing you or retaliating against you if you request overtime wages to which you are entitled. If you believe that you have been the victim of employment retaliation based on a wage or hour claim, you should contact an experienced attorney like the Chicago wage and hour attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca at 312-724-5846.