The federal law that protects employees from unfair pay practices is the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay their employees at least the federal minimum wage (which as of today is $7.25 per hour) and overtime pay (equal to 1.5x the employee’s regular hourly rate) for all hours worked over 40 in any given work week. This applies to “non-exempt” employees who work for most private and public employers.
Many employers will try to skirt the requirements of the FLSA by either misclassifying employees as “exempt” when they are actually “non-exempt”, paying non-exempt employees on a salary basis, or not paying for overtime hours worked. It is not always a simple test to determine whether or not your job is exempt or non-exempt, so if you believe that you may have been misclassified as an exempt employee, you should contact a wage claim attorney who can inform you of your legal rights.
Wage Claim Attorneys and Retaliation Complaints
The FLSA also protects employees from retaliation for filing a complaint or cooperating in an investigation into allegations of minimum wage or overtime pay violations by employers. You have the right to file a claim with the Wage and Hour Division of the U.S. Department of Labor or filing a private cause of action to recover damages if you have been terminated or discriminated against in some other manner by your employer. Again, if you believe that you have been discriminated against or fired for having complained about wage or overtime violations by your employer, contact a wage claim attorney to discuss your legal rights.
