Rhea County FLSA Lawyer

The Fair Labor Standards Act (FLSA) was first enacted in 1938. Prior to the adoption of the law, there were no laws in place to establish fair labor standards. For example, there were no laws to govern child labor. Through the years, the law has grown in its complexity. Its central tenet, however, remains in place: all workers deserve fair pay for fair work.

The standards and restriction set forth in the FLSA are sometimes skirted by employers. Most often, employers try to evade paying workers overtime pay, for all hours worked over 40 for the week.  If you believe that your employer has not rightfully paid you for overtime work, Rhea County FLSA lawyers can assist you in your fight to recover the overtime pay you rightfully earned. Contact an experienced personal injury lawyer about the damages you may be entitled to recovering from your case.

Most Common FLSA Overtime Claims

There are specific classes of employees that are excluded from the protections of the FLSA overtime laws, such as managers, certain salespersons, truck drivers, and independent contractors. Routinely, employers seek to creatively evade the protections provided by the FLSA.

In general terms, the FLSA protections apply to most employees, and therefore they are entitled to overtime pay. Set forth below are common employer tactics:

  • Agreeing to pay a “per diem” that is not counted towards time worked
  • Refusing to pay for preparation time, pre-opening for business
  • Treating employees as independent contractors
  • Misreporting the actual number of hours worked
  • Refusing to pay time and a half for work over 40 hours per week
  • Refusing to pay for work time “off the clock”
  • Treating all salaried employees like they are not entitled to overtime
  • Making tipped employees share tips with non-tipped employees

Independent Contractors

Many employers try to evade the FLSA requirements by classifying their employees as independent contractors. Under the FLSA, the employment relationship is tested by “economic reality” instead of by the label placed on the relationship by the employer.

If someone’s employer has labeled them as an independent contractor and is refusing to pay for overtime, they should contact a Rhea County FLSA lawyer. They can help evaluate the entire situation. Individuals may have a claim against their employer. Calling the individual an “independent contractor” or even refusing to withhold taxes and reporting your earnings on an IRS Form 1099, does not control whether they are an actual employee entitled to overtime. Workers might still be entitled to overtime in spite of receiving at Form 1099 instead of a W-2.

Rights Under the FLSA

If someone intends to bring a claim, or actually bring a claim against their employer under the FLSA, the employer is prohibited from retaliating against them for any reason. If an employer does retaliate against an employee after the employee files an FLSA claim, the employer can be held liable. In such cases, an employee may be entitled to lost wages and liquidated damages.  A wronged employee may be entitled to gain their job back if they were fired in retaliation.

Speaking with a Rhea County FLSA Lawyer

Employees in Rhea County possess significant rights under the Fair Labor Standards Act. For employees whose FLSA rights have been violated, Rhea County FLSA lawyers possess the experience necessary to fight for your interests, seeking all the compensation that you are entitled to receive.

Lawyers are dedicated to helping employees to seek justice through the legal process. Our attorneys pride themselves on their personal approach with our clients. The firm will review and evaluate the factual matters of your case, and no fee will be charged to investigate and evaluate your case.