Bradley FLSA Lawyer
The Fair Labor Standards Act, or FLSA, is a federal law concerning the workplace standards required of private and public employers. First enacted in 1938, this law includes topics such as minimum wage, overtime rules, and the prohibition of sex discrimination.
All states are required to follow these federally mandated minimums, but may expand these protections if they wish. Tennessee has not expanded the minimal labor laws. Nonetheless, it is important to know what one’s rights are as a worker and how to remedy any violation of those rights.
Contact a Bradley FLSA lawyer who works with people whose rights as workers have been violated. A diligent attorney will help workers to recover the wages and dignity that they deserve.
Labor Laws in Tennessee
Tennessee has chosen to take a minimalist strategy in its choice of labor laws. For many of the aspects of employment law that people think of, only the federal minimum for worker protection applies. For example:
- Minimum wage in Tennessee is $7.25 per hour, the federal minimum
- Overtime is paid at all hours worked over 40 at 1.5 times the hourly rate
- Workers cannot be paid different rates based solely on their sex
On top of these federally mandated minimums, Tennessee does require all workers who participate in shifts of more than six hours to be given one 30-minute break. A violation of any of these rights allows the worker to file a complaint for wage violations.
Filing a Claim for Employment Violations
Tennessee investigates all alleged violations of the wage laws through its Department of Labor and Workforce Development. This department not only investigates instances of unfair wage payment but also prosecutes employers who are in violation. However, to gain compensation, an employee must initiate their own civil lawsuit.
The federal government’s Equal Employment Opportunity Commission (EEOC) has a pair of branches in Nashville and Memphis, and many employment discrimination cases start there. In order to begin the process, a letter or online form must be submitted with information about the discrimination, including:
- When and where the incident took place
- The name of the employee
- The name of the employer
- A narrative of what happened
There is a time limit of 180 days after the alleged violation occurred to file this complaint. The EEOC will then investigate the complaint. The paperwork can be a complex process, but a Bradley FLSA lawyer can guide a person through all of it.
FLSA Complaint Process
If the complaint is found to be true, the EEOC can determine how the plaintiff is to be compensated. If the complaint is not found to be an example of discrimination, the person who complained will be issued a right to sue form. This form allows an attorney to open a case in the local federal courthouse.
Tennessee also utilizes a complaint process through the Human Rights Commission. This commission investigates complaints alleging unfair treatment due to gender, race, or disability.
In many cases, the Commission arranges for mediation sessions in an attempt to reconcile the employee and employer. If this fails, the commission may file charges against the employer on their own. If no discrimination is found, the employee has the right to file an appeal in State Courts.
Contact a Bradley FLSA Attorney Today
If you have not been fairly paid for your work, or have been discriminated against because of your sex, religion, race, or age, we are here to help. There are many avenues available for relief in these cases and an attorney will work to guide your case down the correct path.
In many cases, there is extensive paperwork that must be completed before a claim can be initiated in court. An experienced Bradley FLSA attorney is familiar with employment discrimination cases and unfair wage practices. You do not have to put up with unfair treatment at work. Contact a Bradley FLSA lawyer today.
