Marion County FLSA Lawyer  

The Fair Labor Standards Act (FLSA) provides that non-exempt employees are paid at least $7.25 per hour and receive overtime of 1 ½ times their regular rate of pay for any hours they work over 40 per week. The FLSA also establishes rules on what constitutes a non-exempt employee, an exempt employee, how employers must keep records and more.

Sadly, many employers do not fully understand the FLSA or willingly violate it – which hurts hard-working Tennesseans. If you are facing a FLSA issue, contact an experienced Marion County FLSA lawyer today. Let experienced legal advocates review your situation and help you determine what course of action makes sense for you.

Tennessee Wage and Hours Laws

Although the FLSA protects workers nationwide, every state generally has its own version of the FLSA which can provide for higher wages and different overtime rules. The Tennessee FLSA defers to the provisions of the federal law and dictates:

  • Minimum wage: Tennessee’s minimum wage is $7.25 per hour – the same as the federal. This means that non-exempt employees (with a few exceptions) must be paid that hourly wage for any hours worked up to 40 per week
  • Overtime: Tennessee non-exempt employees must be paid 1 ½ times their hourly wage for any hours worked over 40 per week. So, if a non-exempt employee earns $10 per hour and works 42 hours in one week, they are entitled to $430 – $10 per hour times 40, plus $15 (time and ½) times two
  • Non-exempt vs. exempt: There are generally two employee classifications under the FLSA – non-exempt and exempt. Non-exempt employees are paid an hourly rate, generally, have little or no supervisory or managerial duties, and must be paid overtime when earned

Exempt Employees

Exempt employees generally do have supervisory, managerial, or professional duties and must be paid a fixed salary every week (at least $455 per week or $23,660 per year) regardless of the number of hours they work and do not earn overtime pay.

The FLSA recognizes three types of exempt employees – executive, administrative, and professional. Each has a specific duties test, but the same salary requirement mentioned above. In addition, the FLSA recognizes exemptions from overtime for those who work in outside sales, are computer professionals, or are considered highly compensated employees earning $100,000 or more.

Although the U.S. Department of Labor (DOL) attempted to update the FLSA’s salary requirements in 2016, the measure did not pass and the requirements listed above are still the law.

Importance of Taking FLSA Violations Seriously

While many employers follow the law, some do not and misclassify workers as exempt simply to avoid paying overtime. Others refuse to pay earned overtime when they know employees will not complain because they need their jobs.

Still, others make invalid deductions from paychecks, refuse to pay for work performed if it was not during the regular workday, or do not follow FLSA record-keeping requirements. Whatever the issue, FLSA violations should never be taken lightly. Employees have rights under the law and should turn to an experienced Marion County FLSA attorney to protect those rights

Importance of a Marion County FLSA Attorney

If you are facing a FLSA issue, call an experienced Marion County FLSA lawyer today for help. Let a legal advocate evaluate your situation and determine what courses of action may apply. FLSA laws are generally very straightforward and employers who violate them not only are subject to employment lawsuits from individuals and the Equal Employment Opportunity Commission (EEOC), but also to DOL investigations. The bottom line is that you work hard for your money and are entitled to that money. Let an adept lawyer protect your rights.