Mission Viejo FLSA Lawyer  

If you are owed unpaid wages and your boss is not paying you in a timely or fair manner, you will need the help of an experienced Mission Viejo FLSA lawyer who can protect your rights.

Under the federal Fair Labor Standards Act (FLSA), workers are entitled to certain labor protections. An experienced lawyer can work to hold an employer responsible for the wages you are owed.

Fair Labor Standards Act Compliance

The FLSA establishes several different requirements that employers must meet, including standards for minimum wage, overtime wages, recordkeeping, and child labor. These standards apply to both public and private employment sectors. In other words, private employers cannot simply get away with not paying their employees, any more than government employers can.

FLSA Minimum Wage Standards

The minimum wage under federal standards has been $7.25 since July of 2009, though many states have enacted their own minimum wage standards. This means that states may require a minimum wage higher than the federal minimum wage, but may not set their minimum wage requirement at less than the federal minimum of $7.25.

In other words, the worker is entitled to the higher wage when state and federal laws conflict. Effective January 1, 2016, California minimum wage is set at $10 per hour. This means that employers who may be paying employees more than the federal requirement but less than $10 are in violation of the state law.  In the coming years, California minimum wages are set to increase gradually, depending on how many employees the employer has.

An experienced Mission Viejo FLSA lawyer can help workers in this situation obtain the fair wages to which they are entitled.

FLSA Overtime Requirements

Almost all employees must be paid overtime wages for any hours they work beyond the standard 40-hour workweek. Overtime is typically considered at least 1.5 times an employee’s standard wages.

This is why overtime wages are sometimes referred to as “time and a half” of the worker’s regular pay rate. The FLSA does not require that overtime be paid for weekend and holiday work, unless the hours worked exceeds the standard 40-hour workweek.

FLSA Standards for Hours Worked

Sometimes, employers try to pay workers less by ostensibly adhering to minimum wage and overtime requirements but then failing to count all of the hours an employee has actually worked. Under FLSA law, employers must pay workers for all of the hours the employee is required to be present at or on the employer’s premises, as well as any time the worker is considered on-duty or at a prescribed workplace.

For example, this could include drive-time to and from work sites, time spent shopping for and obtaining supplies, or time spent on a client’s property. The bottom line is that if an employee is conducting work for their employer, they should be paid for that time. Employers are also required to keep adequate employee hours and records of wages, including off-site hours.

Contact a Mission Viejo FLSA Attorney

If you are concerned that you are not being paid fairly, you should immediately consult with an experienced Mission Viejo FLSA lawyer. No matter if the problem is with the amount you are paid, or whether you are even being paid at all for each hour worked, a skilled Mission Viejo FLSA attorney can help.