The Fair Labor Standards Act (“FLSA”) establishes standards for minimum wage, overtime pay, recordkeeping, and child labor. Generally, it applies to employers engaging in interstate commerce. Disputes often arise between employers and employees regarding the FLSA’s overtime pay provisions.
Often, these disputes concern eligibility for overtime pay, since the FLSA exempts certain employees from its overtime pay provisions. For example, executive, administrative, and professional employees are exempt from overtime regulations. An employee may bring an overtime claim to challenge an employer’s classification of the employee as “exempt.”
A non-exempt employee is entitled to receive overtime pay for hours worked in excess of forty in a workweek at a rate of not less than one and one-half the employee’s regular rate of pay. The FLSA places no limit on the number of days or hours per day that employees can be required to work; its requirements concern only compensation. Non-exempt employees may bring overtime claims to allege that an employer failed to compensate “off-the-clock” hours an employee spent performing job-related tasks (such as mailing packages on the way home from work) or to allege that an employer failed to include “wage augments” (such as increased pay for working a particular shift) when calculating an employee’s overtime rate.
To speak with an employment law attorney regarding the Fair Labor Standards Act and its implications for both employees and employers, contact the employment law attorneys at Clouse Dunn Khoshbin LLP at [email protected]