Laguna Hills FLSA Lawyer

The Fair Labor Standards Act (FLSA) has been on the books since 1938, and was enacted to protect an employee’s right to earn a fair amount of pay for an honest day’s work. If your employer is trying to cheat you out of money that is rightfully yours, you should get advice from Laguna Hills FLSA lawyers who specialize in defending the rights of workers. Contact a skilled personal injury lawyer right away to better understand your rights.

Defining The Fair Labor Standards Act

The FLSA includes several different provisions regulating wages and hours for employees. When Congress raises the minimum wage, it is amending the FLSA. The law also sets standards for overtime pay, and includes rules about youth employment.

The law covers both large and small businesses. It requires that if an employee works more than 40 hours per week, the employer must compensate that worker with time and a half for each extra hour—unless the employee is exempt.

Any employee who is paid by the hour and has been required to work more than 40 hours per week, but did not get overtime pay, should speak with a Laguna Hills FLSA lawyer.

Covered Workers

Employers will typically argue that an employee was exempt from the overtime rule. But for an employee to be considered exempt, certain specific conditions must be met:

  • The employee must be paid a salary (except for computer workers), and not be an hourly worker
  • The employee must earn at least $455 per week
  • The employee’s job must consist of specific tasks such as executive duties, management duties, and duties of highly compensated employees. Exempt occupations are usually non-manual jobs that involve general business operations

In addition to regulating overtime pay, the FLSA also requires that all employees must receive a minimum wage. The federal minimum wage is $7.25 per hour. States can have higher minimum wages but not lower ones. The minimum wage in California is $10.50 per hour. Unscrupulous managers sometimes try to get around the minimum wage laws by asking employees to complete work-related tasks “off the clock.” If the employer requires an employee to complete work “off the clock,” talk to a Laguna Hills FLSA lawyer to determine if the employer has broken the law. The only exception to the minimum wage rules are employees who receive tips. Such employees must receive pay of at least $2.13 per hour.

Additionally, the FLSA requires that an employee’s wages and tips together must equal at least $7.25 an hour. Many employees who work for tips do not realize this and consequently do not get a fair level of pay. Employees who have been cheated out of income should contact attorneys about this as soon as possible, so that they can start gathering the evidence they will need to make the case.

Gathering Evidence

Laguna Hills attorneys who specialize in FLSA litigation know how to use the tools of civil lawsuits, including the discovery process, to get the information the employee will need to win the case. Testimony from other workers who have been denied a fair rate of pay can also be useful in establishing a pattern of lawbreaking.

It is crucial to keep records of all the income received during the time of the plaintiff’s employment.

Contacting a Laguna Hills FLSA Attorney

Big companies have crafty lawyers on their side who have spent years learning how to cover up their clients’ wrongdoing. That is why it is so important to have aggressive, experienced Laguna Hills FLSA lawyers on your side who will go the extra mile to fight for you.