Employees’ Rights to Overtime and Minimum Wage
Employees’ rights to overtime and minimum wage is delineated under federal law in the Fair Labor Standards Act (FLSA).
The FLSA generally requires employers to pay almost all employees (some are exempt) a minimum wage of not less than $7.25 per hour effective July 24, 2009. Similarly, the FLSA requires employers to pay almost all employees (some are exempt), their hourly rate times 1.5 for hours work in excess in a work week. For example, if an employee makes $10.00 per hour, if that employee is protected by the FLSA and works more than 40 hours per week, his hourly rate for each hour in which he works in excess of 40 will be $15.00.
Employers may pay employees on a piece‑rate basis, as long as they receive at least the equivalent of the required minimum hourly wage rate and overtime for hours worked in excess of 40 hours in a workweek. Employers of tipped employees (i.e., those who customarily and regularly receive more than $30 a month in tips) may consider such tips as part of their wages, but employers must pay a direct wage of at least $2.13 per hour if they claim a tip credit; otherwise they may be violating the FLSA.
The FLSA does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work, as long as the employee is at least 16 years old and the pay is correctly calculated and paid.
If an employer does not pay any of its employees pursuant to the FLSA, then that employer may be liable, individually and with his company for the amount of money duly owed to the employee multiplied by two (usually when the acts of the employer are intentional); plus attorney’s fees and costs of a lawsuit.
If you have a question regarding whether you have a case under the FLSA for unpaid overtime or minimum wages, or simply an unpaid salary, CALL US NOW FOR A FREE CONSULTATION at 1-800-509-0014, or write to us to: msaenz@saenzlawfirm.com.
The Saenz Law Firm, P.A., 777 Brickell, Ste. 1100, Miami, Florida 33131
