When President Franklin D. Roosevelt signed the 1938 Fair Labor Standards Act (FLSA) into law, a federal minimum wage was finally established for American workers. That 25 cents an-hour minimum has grown to $7.25, even higher in many states. Additionally, American employees are entitled to overtime pay after working more than 40 hours a week.
Over the decades, the law has become even more crucial protection for employees whose employers try to deprive them of the money they rightfully earn. Employers usually attempt this by misclassifying employees as salaried or independent contractors. Some employers are unaware of the law, but many flagrantly defy it out of greed. If you have a problem with an employer refusing you overtime, paying you less than minimum wage, or classifying you as an independent contractor when you fit the description of an employee, consult a Tampa Fair Labor Standards Act lawyer. An experienced employment attorney at Feldman Legal Group could help protect your rights and potentially turn your case into a collective action if others at your workplace are involved.
Examples of FLSA Violations
The Fair Labor Standards Act is memorialized in the United States Code and is periodically amended. The latest change occurred in 2019 when the exemption for salaried executives was the focus. Many employers attempt to pay employees’ salaries to circumvent overtime rules. But, in 2019, the Department of Labor set the salary level for employees to qualify as exempt or highly compensated executives. Some other examples of Fair Labor Standards Act violations include:
- An employer refuses to pay an employee for work-related duties such as travel or preparation time
- An employer claims an employee is an independent contractor or volunteer to avoid paying benefits
- An employer hires minors for less than the minimum wage and works them more than 40 hours a week
- A Florida employer pays hourly employees the federal minimum wage of $7.25 an hour, even though Florida’s minimum wage as of September 2023 is $12.00, rising to $15.00 an hour in 2026
- Although restaurant employees’ tips added to their base salary meet the Florida minimum wage, the employer maintains a tip pool that includes the employer, which compensates employees below the minimum wage
Unfortunately, some employers trample employees’ rights because they are more interested in money than those building their businesses. If this happens to you, our Tampa Fair Labor Standards Act attorney, Mitchell Feldman, is ready to represent you before a regulatory board or file a lawsuit to ensure your employer pays you what you earned.
Record-Keeping Requirements
The FLSA requires employers to keep detailed records of non-exempt employees’ wages, hours worked, overtime, and all deductions. Failure to maintain these records is a violation of FLSA rules. Employees should also keep detailed pay records that can be used as evidence in a regulatory complaint or civil lawsuit seeking back and overtime pay and sanctions. A proactive Tampa FLSA lawyer could review the records an employer is required to keep on non-exempt employees, or the documents the employee keeps, to use as ammunition in a lawsuit seeking compensation.
Options Available
If your employer violated the FLSA in any way, you have recourse by filing a complaint with the Wage and Hour Division of the Department of Labor, which an attorney should handle. You could also have a qualified legal professional file a lawsuit seeking the money you earned but were denied.
A Tampa Fair Labor Standards Act Attorney Protects Your Earnings
Since early in the 20th century, the government has attempted to protect employees and ensure wages are fair and workers are not exploited. These protections are included in federal law and state law. Over time, workers have increasingly earned a fair wage because of these laws.
If you exchange a good day’s work for a good day’s pay, you should not be manipulated into taking less. Our tenacious attorneys will not give up fighting for you if we review your case and find employer violations of the FLSA. Contact our office now to discuss what a Tampa Fair Labor Standards Act Lawyer can do to ensure you are fairly paid.
