The federal government signed the Fair Labor Standards Act (FLSA) in 1938. It has been updated as recently as 2009, and it provides workers with certain protections and rights to ensure that you are receiving a certain amount of pay that you are entitled to have.
Protections You’re Entitled To
According to the FLSA, the federal minimum wage is $7.25 per hour as of July 24, 2009. However, many states have put in place their own laws regarding minimum wage. In the event that a state’s minimum wage is higher than the federal minimum wage, the employee is guaranteed the higher hourly wage.
Additionally, the FLSA states that if an employee works longer than 40 hours per workweek, they should be receiving no less than one and one-half times the regular rate of pay for each hour over the 40-hour mark.
When an employer denies rightfully earned wages or benefits owed to an employee, it is known as wage theft. The most common examples are disregarding minimum wage laws, failure to pay overtime wages, misclassifying the employee as an independent contractor instead of an employee, illegally deducting pay, and making an employee work off the clock.
Minimum Wage Theft
Roughly 25,000 people each year contact the Wage and Hour Division to report violations of minimum wage pay. The most common employee this happens to are employees who also receive tips. A company is only required to pay $2.13 for tipped workers if their tips add up to be at least what the federal minimum wage would give them. Unfortunately, when these tips do not add up to be enough, some employers will be reluctant to pay them what they deserve.
Even after the FLSA has provided numerous guidelines and regulations for overtime work, many employees find themselves not receiving enough payment that they have earned. Do not always trust that your employer is going to give you what you deserve on your paycheck. Track your hours and your earnings so you can confront them should there be any discrepancies.
This wage theft is a very dangerous one for the worker, and it can make them even more susceptible to other forms of wage theft. Under the guidelines set forth by the FLSA, independent contractors do not have the same amount of benefits as an employee is entitled to possess.
Employees can be vulnerable to illegal deductions if their workplace has come up with trivial or even fake violations to try and validate a deduction on your paycheck. Most states require employers to issue their workers credible documentation when deductions are made. Additionally, it is illegal for deductions to be compensated at a lower amount than the federal minimum wage.
How the Can Help
If you or a loved one are suffering from employer mistreatment and wage theft, we may be able to help. There are many laws and regulations in place to protect you and the wages you are entitled to, and our team will fight to make sure that no employer takes that from you.
Call our office today at to schedule your free consultation.