What Is the FLSA?
The Fair Labor Standards Act (FLSA) is primarily about wages. The laws contained therein lay out restrictions for employers in the United States, such as the following:
- Minimum wage: The FLSA dictates that non-exempt employees be paid at least the federal minimum wage, which is currently $7.25/hour. Employers are allowed to pay workers under 20 years of age $4.25/hour for the duration of their first 90 days.
- Overtime: According to the FLSA and Georgia wage laws, employees are to be paid 1.5x their normal hourly wage for every hour worked beyond 40 hours/week.
- Age restrictions: Non-farm workers are required to be at least 16 years of age. Workers in hazardous jobs or dangerous work environments are to be at least 18 years of age. In cases of farm labor, minors and children as young as 10 years old may be allowed to help with non-strenuous work if employers and parents receive a waiver.
What if my employer has violated FLSA regulations?
The FLSA also provides guidelines for what to do in the event that an employer violates wage and overtime laws. The United States Dept. of Labor has a Wage and Hour Division, which is responsible for examining violation claims. If the DOL finds that an employer has broken federal wage laws, the employer in question may be fined and required to compensate employees for lost or withheld wages.
Am I an exempt or non-exempt employee under the FLSA?
If you are a non-exempt employee, all of the above information applies. However, if you are exempt, your employer may compensate you based on a different set of rules. This typically includes seasonal employees, agricultural workers, some journalists and media workers, and transportation workers such as drivers, railway workers, crewmembers of watercraft, and others. Such employees are typically not exempt from the age restrictions in the FLSA, but they may be exempt from overtime wage laws.
Experienced Employment Law Attorneys in Atlanta
Violating federal and state wage laws is a serious offense and can be very damaging for the affected workers. Our Atlanta employment lawyers at Hall & Lampros, LLP are prepared to do everything in our power to protect you and defend your rights.
If you believe your employer is paying you less than is legally required for hourly work, overtime work, or work in your particular field, you will need help verifying it. Working out such conflicts is sometimes resolved merely by talking honestly with your employer and utilizing the proper channels for disputes within your place of work. However, if this doesn’t work and you receive pushback from your employer, you may need to get in touch with someone who can apply the law to your circumstances and determine if your employer has wronged you.