What is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) is the federal law that requires employers to pay employees overtime at time and a half for hours worked over forty in a workweek and at least the minimum wage.
How do I know if I am an employee entitled to overtime and the minimum wage?
Most employees in the United States are entitled to overtime and the minimum wage. There are some exemptions, which primarily involve employees who work as professionals, managers, or administrators who control the business operations. If you have a question about your classification related to overtime or the minimum wage, it is worth seeking legal advice to see if you qualify.
What if my employer says that I am an independent contractor?
While it is true that independent contractors are not entitled to overtime and minimum wage protections under the FLSA, you are not necessarily an independent contractor simply because your employer says that you are one. Ultimately, whether you are an independent contractor or an employee will require analysis of how you actually perform your job. If your job duties are controlled by your employer, and you are dependent on your employer for work (as opposed to an independent business person), you may be an employee entitled to overtime and the minimum wage. If you have a question about your classification, talk to an attorney about your rights.
What are my options if I haven’t been paid overtime or the minimum wage required by the FLSA?
You can file a lawsuit or pursue a claim through the Department of Labor.
What is overtime?
Nonexempt employees under the FLSA must be paid overtime, which is time and a half their regular rate of pay, for hours worked over forty in a workweek.
Can my employer retaliate against me for pursuing a claim for unpaid overtime or minimum wage?
The FLSA has an anti-retaliation provision that prohibits employers from retaliating against employees for enforcing their rights under the FLSA.
