Sequatchie FLSA Lawyer

Federal law establishes minimum wage and overtime pay regulations, protecting workers’ right to receive wages for their hard work. The federal Fair Labor Standards Act (FLSA) requires that employers pay workers at least $7.25 per hour, with very few exceptions.

Since Tennessee follows this federal law, Sequatchie County workers can file a federal claim against an employer who violates FLSA.

If your boss has failed to pay you on time, failed to pay you the correct amount, or forces you to work off the clock, call a Sequatchie FLSA lawyer at Massey & Associates now.

To learn more about, read some frequently asked questions about these claims below. Then, call an experienced injury lawyer to speak with an FLSA attorney in Sequatchie to discuss your claim in more detail.

Earning Overtime Pay

FLSA categorizes employees as either exempt or nonexempt for overtime pay. Nonexempt workers are entitled to overtime wages when they work more than 40 hours per week. Most nonexempt employees are usually:

  • Paid on an hourly basis rather than an annual salary
  • Make less than $23,600 each year

There are some exceptions to this categorization. For example, some sales positions, independent contractors, and many administrative employees are exempt from earning overtime, even if they earn hourly wages.

Non-exempt employees are entitled to 1.5 times their hourly rate when they work more than 40 hours in a single workweek. For example, if a worker earns $10.00 per hour during the normal workweek, they should earn $15.00 per hour for each hour of overtime. When these requirements are not met, a Sequatchie FLSA lawyer should be consulted.

Does FLSA Apply to Tipped Employees?

One of the exceptions to the FLSA minimum wage rule is when an employee works primarily for tips. Under FLSA, tipped employees (those who regularly earn at least $30.00 per month in tips) are only entitled to $2.13 per hour, rather than the standard $7.25 minimum wage. Many tipped employees, such as bussing staff, wait staff, and bartenders make minimum wage through a combination of a $2.13 hourly pay plus tips.

However, when a tipped employee’s hourly earnings of $2.13 plus tips does not equal at least $7.25, their employer must pay them the difference.

For example, if a tipped employee only earns $5.00 per hour ($2.13 hourly wage plus $2.87 in tips), FLSA requires their employer to pay them an additional $2.25, totaling a $7.25 hourly wage.

Too many employers fail to pay this difference as required by law. When that happens in Sequatchie, the tipped employee can file a claim or sue their employer with the help of an FLSA attorney.

Also, employers are not allowed to force tipped employees to pool their tips and share them with non-tipped employees, like hostesses and dishwashers. If an employer forces you to share your tips with non-tipped employees, you may be able to recover money under the FLSA.

How Can a Worker File a Claim?

Employees in Sequatchie County can file a complaint with the federal Department of Labor when their employer violates the law. Alternatively, an employee can file a lawsuit in civil court against their employer.

Either way, the employee can seek compensation for the wages their employer failed to pay. Employees can generally seek back pay for unpaid hourly and/or overtime wages up to two years after their employer broke the law. Most of the time, employees who win their claims are also able to recover liquidated damages over and above their lost wages, plus attorneys fees.

Regardless of whether a worker files a claim with the Department of Labor or wants to sue their boss in court, a Sequatchie FLSA lawyer can help them seek the back pay they have earned.

Experienced Labor and Employment Lawyers Can Help

If your employer refuses to pay you for the hours you worked, call a Sequatchie County FLSA lawyer today.

You could be entitled to double the amount of wages you are owed if your employer willingly broke the law. Contact a Sequatchie employment lawyer to discuss your situation now.