Cleveland, TN FLSA Wage Issues Lawyer

Everyone is entitled to fair compensation for the work they perform. While Tennessee does not have its own minimum wage or overtime law, most employees are covered by the federal Fair Labor Standards Act (FLSA). If an employer violates the FLSA, the affected employee may pursue legal action against the employer regardless of whether they are a current or former employee.

However, Tennessee law mandates that affected employees pursue such claims within two years when it involves unpaid wages, and three years if overtime claims are involved. Back pay predating that time is not eligible for recovery.
That means if you believe an employer is not giving you your legitimate pay, time is of the essence. A Cleveland FLSA wage issues lawyer can help you receive the wages you deserve. Read on to learn more about how a skilled employment attorney can offer you their assistance today.

Protections Under the Fair Labor Standards Act

Under the FLSA, standards are established for minimum wage, which is currently $7.25 per hour. Overtime pay, or pay accrued after 40 hours, is 1.5 times the regular pay rate. The FLSA also covers employer record-keeping.

Some categories of workers are exempt from minimum wage rates. These include vocational education students, seasonal workers, and those with mental or physical impairments performing work. Other employee categories not covered under FLSA include professional, executive and administrative workers. Certain employees are exempt from the overtime pay provision, including employees working on commission in various retail establishments.

What Wage Issues are Not Covered Under the FLSA?

Not every employment practice falls under FLSA. The law does not apply to the following:

  • Sick pay
  • Vacation or holiday pay
  • Pay raises
  • Fringe benefits
  • Severance pay
  • Rest and meal periods
  • Premium pay for holidays or weekends
  • Reasons for discharge

These issues depend on the agreement between the employee and employer. Individuals should make sure to reach out to a skilled Cleveland FLSA wage issues attorney as soon possible to learn whether their situation falls under the protections of the law.

Wage Issues Protected by the FLSA

Not every employee is covered under all aspects of the FLSA. Employers subject to all FLSA regulations are those whose gross annual sales volume or business done is at least $500,000. Also included are hospitals or other institutions whose primary focus is caring for the sick, mentally ill or aged, educational institutions, and public agencies. If a domestic employee makes at least $1,700 per year and works at least eight hours per week for an employer or employers, they are covered under the FLSA.

Damages Under the FLSA

Employees may receive damages under the FLSA for unpaid compensation, including overtime or minimum wage. If an employer intentionally did not pay the employee the wages owed, the employee may receive liquidated damages, which are double the amount of wages owed to the employee.

The FLSA also allows courts to make an employer who was found liable for not paying compensation to pay the employee’s attorney fees. If found to have willfully violated FLSA, employers face a fine of up to $10,000. Repeated violations not only bring additional fines but could put the employer behind bars.

Speak with a Cleveland FLSA Wage Issues Attorney Today

A Cleveland FLSA wage issues attorney can thoroughly investigate an individual’s FLSA complaint to determine whether the employer violated the law. If that is the case, they can aggressively defend the individual so they may receive all compensation due. You should not accept any wage issue you may be experiencing. If you believe you have FLSA wage issues with your employer, a Cleveland attorney for a free initial consultation.