Violations of Fair Labor Standards Act (FLSA)

1. Misclassifying Workers: Instead of using the job title to determine an employee’s exempt or non-exempt status, the job tasks and, to some extent, the income levels are used.

2. Conflating Salaried and Hourly Wage Employees: According to certain companies, employees who get a weekly or monthly income are automatically free from overtime pay, but those who receive hourly pay are not. This is not true completely, since even people with fixed salaries are subject to overtime and non-exemptions. Once more, it is dependent upon the nature of the work and the salary received.

3. Not Paying for Work Done “Off The Clock”: Whether or not the employer is aware of the activities and gives approval, an employee is considered to be working if they are performing job-related duties, training, or meetings beyond regular business hours.

4. Not Paying for Work Done While on Call or During Breaks: If an employee is answering business emails or messages while eating lunch, it is still considered work and has to be paid for. In the event that the worker is unable to utilize the on-call period for personal reasons, the same holds true for waiting to be called into work or for assignments.

5. Waiving Agreements for Overtime Pay: Regardless of the employee’s signature, any such agreement is void under the statute.

6. Averaging Work Weeks: In the event that a worker puts in 30 hours one week and 50 the next, the employer may be inclined to average the hours to equal 40 in both weeks, claiming there is no requirement for overtime compensation. These are some common accounting tricks used to defy the applicability of the FLSA.

The Fair Labor Standards Act (FLSA) is one of the most crucial laws for employers and employees to comprehend and has seen several revisions over time. The act shields employees from several forms of unjust compensation. The FLSA establishes labor laws, such as minimum wage standards, overtime compensation requirements, and restrictions on child labor. The Fair Labor Standards Act (FLSA), which was introduced in 1938, lays out a wide range of restrictions for individuals who are hired, whether they are salaried workers or paid on an hourly basis.

Key Takeaways

• Employees are safeguarded against unjust employment practices under the Fair Labor Standards Act (FLSA).
• The FLSA stipulates a minimum salary, when overtime is due, and when employees are deemed to be on the clock.
• Under the FLSA, there are two categories of employees which are exempt employees or nonexempt employees.
• Employers that participate in interstate commerce or whose yearly sales exceed $500,000 are subject to the Fair Labor Standards Act (FLSA).
• The Fair Labor Standards Act (FLSA) prohibited child labor and has since been amended to forbid wage discrimination based on age and gender.