The Fair Labor Standards Act (FLSA), enacted by the U.S. Department of Labor to establish the minimum wage, working hours, overtime rules, and exemptions, establishes the following:
*Minimum wage of $7.25 per hour
*Employees who work over 40 hours per week must be paid time and a half for hours exceeding this limit
Some types of employment are specifically exempt from the overtime law, and jobs where the employee earns tips have different rules. Salaried employees, however, are not exempt, except for “professionals” such as doctors, lawyers, or those with a considerable amount of discretion in conducting their affairs.
Some employers often try to avoid paying overtime by having employees work “off the clock”, denying them overtime pay when it is not approved by management, misclassifying employees as exempt, and through other methods.
Other employers try to avoid paying overtime by claiming that certain employees are “managers”. While the FLSA allows employers to avoid paying managers overtime, an employer cannot simply call an employee a manager without giving that employee managerial responsibilities.
Some employers seek to avoid paying overtime by arguing that the employee is not an employee but instead an independent contractor. Still, an employer simply cannot exempt workers from the FLSA by calling them independent contractors.
Another area of FLSA law which has been subject of litigation is known as Donning and Doffing cases. These cases involve industries where employees are requried to put on and take off protective clothing as a prerequisite for doing their job. Many companies do not pay employees for the time spent donning the protective gear and/or doffing the protective gear at the beginning and ending of a shift, or during break periods throughout the day. Likewise, any employer who requires its employees to walk to their respective stations then clock in should comepnsate those employees for the walking time as well.
Lastly, some employers violate the rights of their employees by interrupting the employee’s meal times. Typically, an unpaid meal period must last 30 minutes or more to be considered a bona fide meal period.
If you believe your employer may have violated your rights under the Fair Labor Standards Act, please contact the experienced Oklahoma attorneys at Carr & Carr.
If you believe that you were not paid in accordance with FLSA, contact the experienced Fair Labor Standards Act Oklahoma lawyers at Carr & Carr Attorneys today for a free, no-obligation consultation. We have over 35 years of experience in helping clients obtain the compensation they deserve.
