Does the Fair Labor Standards Act Impact Your Wages?

Posted on: August 10, 2018

Initially drafted by Senator Hugo Black in 1932 and ratified in 1938, the Fair Labor Standards Act (FLSA) gives employees the right to a minimum wage as well as overtime pay when they work over 40 hours a week. The FLSA also establishes record-keeping and youth employment standards for workers in the private and government sectors.

Employment regulations under the Fair Labor Standards Act

The Fair Labor Standards Act has enacted a number of rulings, some of which are listed below:

  • Minimum Wage

    – The federal minimum wage provisions are contained in the FLSA (currently $7.25 per hour). In cases where workers are subject to both state and federal minimum wage laws, they’re entitled to the higher minimum wage.

  • Overtime Pay

    – Non-exempt employees must earn one and one-half times their regular rate of pay if they work for over eight hours per day or over 40 hours per week. However, state rulings allow a greater overtime payment calculation in the event that employees render work for over 12 hours per day.

  • Record-keeping

    – The FLSA requires employers to maintain accurate employee time and pay records, as well as display official posters itemizing the rights of employees in the workplace.

  • Child Labor Regulations

    – The FLSA states that only minors aged 14 years and above can be gainfully employed. For those aged between 14 and 16 years, the FLSA caps the work hours and chooses the jobs and industries these minors can work in.

The Flsa Versus California’s Wage and Hour Laws

California’s wage and hour laws trump federal laws when the former’s are more protective. Some major distinctions in California’s wage and hour laws include:

  1. An $11 minimum wage (as of January 1, 2018)
  2. A half-hour meal break for every five-hour shift
  3. Coverage of daily and weekly overtime for employees
  4. Complete reimbursement of all owed wages upon separation from employment

Something Amiss in Your Wage Computation? Talk to a Reputable Wage and Hour Attorney

When computing your wage, you should take into account not only your hourly wage, but also the other forms of compensation granted to you by your employer. Whether you’re a full-time, part-time, commission or piece basis employee, you’re entitled to the full wage benefits granted by federal and state laws. Aside from the mandated basic hourly rate, you’re also entitled to bonuses, benefits, compensation, rest and meal breaks, overtime pay, and mandated leaves, among others.

If you suspect that there’s something amiss in the computation of your wages, or if you’re being denied your basic rights as an employee, then it’s prudent to talk to an expert wage and hour claims attorney. Mesriani Law Group’s highly experienced attorneys will ensure that you’re awarded what you rightfully deserve.