Whitfield County FLSA Lawyer
By design, most businesses exist primarily to garner a profit. While most employers are aware that their profits are more stable when employees are content and report to work regularly, some attempt to increase their profits by ignoring employees’ rights.
The Fair Labor Standard Act (FLSA) provides employers with specific obligations to employees, and provides employees with legal recourse when an employer violates one of those obligations. An experienced attorney might be able to help.
If your employer is not complying with the FLSA, do not delay in contacting an experienced Whitfield County FLSA lawyer for assistance.
The Basics of the Fair Labor Standard Act
The Fair Labor Standard Act is applicable to any business or entity involved in commerce that crosses state lines. This definition does not require a business to have locations in other states. Rather, it simply means that some aspect of the business serves or impacts consumers in other states, which describes almost all businesses in the United States.
The FLSA regulates child labor laws, federal minimum wage rate, and employer record-keeping requirements. It does specifically exclude some employers, but those exclusions are usually limited to employees in safety fields and civil servants, such as firefighters and police officers. A Whitfield County FLSA lawyer has experience in helping individuals understand the Act.
Under the FLSA, employees are classified as exempt or non-exempt employees, which impacts whether the employee is entitled to overtime pay. Exempt employees receive an annual salary, and are not entitled to overtime pay. This generally includes members of management. Non-exempt employees are generally hourly employees who are entitled to overtime pay after working 40 hours weekly.
Exemption Fraud
One of the most common methods that employers use to avoid FLSA compliance is to incorrectly classify a non-exempt employee as exempt. Generally speaking, only executive-level employees, supervisors, employees in administrative positions, and professionals that meet certain requirements are classified as exempt employees.
In determining whether employees are exempt, employers must consider not only an employee’s weekly salary, but also their job duties. Simply giving an employee a position suggested to be administrative or supervisory in nature does not automatically make an employee exempt from overtime regulations—if the new position is not accompanied by matching supervisory or managerial job duties, an exempt employee could be considered misclassified.
Work for Pay
Under the FLSA, employees must be paid for all time that is worked. While most people are aware of this, it is not uncommon in warehouses, retail stores, or restaurants to continue working after clocking or signing out for a shift. This may be the result of an employee fearing the loss of their position if they fail to complete all their job duties, or something an employee does to assist co-workers.
It is the employer’s responsibility to ensure this kind of unpaid work does not occur, and to stop it from occurring if any member of management becomes aware of it. Regardless of the employer’s prior knowledge, however, the business may still be held legally responsible when employees work without being paid. A Whitfield County FLSA lawyer could potentially look into an employer if this occurs.
Contact a Whitfield County FLSA Attorney Today
There is no excuse for a company that does not pay its workers the fair wages they deserve. If you believe that an employer is not adhering to the Fair Labor and Standards Act, a Whitfield County FLSA lawyer may be able to help ensure that you receive all of the wages that are owed to you.
