If you’ve been paying attention to the news lately, you’ve likely heard of the Fair Labor Standards Act. This document forms an important part of wage law, and affects workers on all levels and within all divisions across the country. The Fair Labor Standards Act (also abbreviated as the FLSA) is generally overseen by the US Department of Labor, under their Wage and Hour Division. However, the responsibility for enforcing it lies with several different offices. In this article, we’ll cover all the important points regarding the Fair Labor Standards Act, as well as how to protect your rights.
Which Employees Are Protected by the FLSA?
Luckily, employees under a wide range of fields are protected by the FLSA. Depending on your field, however, you may have to meet certain qualifications to warrant this protection. We will go over some of these qualifications below.
- Minimum wage employees are protected by default, and must be paid minimum wage. If said employees are restaurant workers, they instead must be paid a minimum hourly wage of $2.13. They must also be allowed to keep any and all tips they earn.
- Domestic employees must work for at least one employer above eight hours every week, and earn a minimum of $1,700.00.
- Miscellaneous employees must be involved with interstate commerce or be part of a business with at least $500,000.00 worth of sales per year.
Who Is Not Protected by the FLSA?
Some employees are entitled to no certain protection under wage law. Types of protection exemptions can vary, so we will go over them in sections.
Employees working in public service, such as in law enforcement or specific trades; failed to graduate from high school or earn their GED; or work in the healthcare field may qualify for only a portion of non-coverage in terms of overtime pay.
Farmers, retail commissioners, movie cinema employees, transportation professionals, live-in domestic employees and television broadcast professionals do not qualify for overtime pay.
Live-in assistants and babysitters, high-ranking professionals, part-time farmhands and seasonal trade workers cannot receive either overtime pay or minimum wage.
How to Make Sure You’re Protected
If you don’t see your specific career on this list, or simply are unsure where you stand underneath the FLSA’s coverage umbrella, you may be able to consult with a labor wage attorney to figure out your rights.
At Gordon & Gordon, wage law is our specialty. Our team of New York attorneys know the ins-and-outs of workers’ rights like the backs of our hands, and will be more than happy to help you earn the compensation and justice you so deserve. You can count on us to do everything possible to make sure your rights are met, you’re earning the right wages and you’re able to provide for yourself and your family more comfortably.
Get in touch with us today to learn more about our services and what we can do for you.