The Fair Labor Standards Act is a federal law meant to protect employees no matter what state they are located in. It establishes a few different rules for employers to follow, and while not every worker in the country is protected by these rules this law still makes a big difference. There are also ways to report an employer who violates the FLSA to take advantage of their employees. If you need help to determine whether or not your employer is violating the law, a Los Angeles wage & hour claims lawyer from our firm can help.
What Rules Were Made By the Fair Labor Standards Act?
The Fair Labor Standards Act sets a few different rules that protect millions of workers. The FLSA sets rules about:
- Minimum wages
- Overtime pay
- Recordkeeping
- How many hours can be worked
- Child labor and the employment of teenagers
The FLSA tells an employer the absolute minimum wage they can pay most workers. It also makes rules about certain employees and what kinds of pay they should get if they work more than 40 hours in a week. Not every rule will apply to every type of worker, but you are likely protected by at least a few parts of the FLSA.
Does the Fair Labor Standards Act Apply to Independent Contractors?
In most cases, no. An independent contractor is not protected by the FLSA. This is why it is important to make sure that a company is classifying employees correctly. If a company is incorrectly classifying full-time employees as contractors in an effort to get around labor laws, that’s a major problem.
Can States Make Their Own Labor Rules to Complement the FLSA?
The FLSA sets a baseline standard, but there is no reason why states cannot create their own laws that complement or enhance the protections offered by federal law. A good example of this is the minimum wage. The Fair Labor Standards Act sets a federal minimum wage, but many states, including California, have set their own higher minimum wage. Some states also set their own stricter rules about overtime. As long as the state does not try to negate federal law, it can pass many different labor rules of its own.
What If My Employer is Violating the FLSA?
If your employer violates the Fair Labor Standards Act, they should be held accountable. It is possible to report them to the Department of Labor, and your employer can then be investigated and penalized for any violations they committed. An employment lawyer can help you navigate the complaint process and craft a report that could be more likely to attract the attention of regulators.
Contact Our Law Firm
So if you suspect your employer of violating any part of the FLSA, you should do your best to hold them responsible. Contact RD Law Group and schedule your consultation. We can help you fight back against an employer who has not paid you the wages you are owed.
