Backed by founding lawyer Michael F. Brady's years of dedicated client service, we provide legal solutions in the following practice areas:
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act or “FLSA” is a federal statute, enacted by congress that protects many workers’ rights to fair pay. The following categories of work time and types of work are covered by provisions in the FLSA.
The Fair Labor Standards Act (FLSA) ensures that covered employees are paid at least $7.25 per hour of minimum wage. Additionally, this act mandates that covered workers receive overtime pay for all hours worked in excess of 40 in a workweek. These overtime labor laws enforce adequate compensation for all employees, even though many businesses try to determine methods for avoiding payment of overtime and minimum wages.
Are you working off the clock? For employees who are expected to work off the clock after putting in a forty-hour work week, our wage and hour attorneys resolve cases involving unpaid overtime claims, unpaid wages, compensation time, unpaid commissions, unequal pay, unpaid salary, FLSA, and companion state law claims. We represent hourly and salaried employees.
When working from home, the distinction between work and personal life is hard to recognize due to excessive duties that impose on your personal time. Regardless if you are a paid on a salary or hourly basis, if you have worked excessive hours from your home that have resulted in an accumulation of overtime and you are not compensated for your hours worked in excess of 40 in a workweek, you could have a claim for back wages under the Fair Labor Standards Act (FLSA).
If you are spending excessive amounts of time on-call for your employer and are not being compensated for this time, you may have a claim for unpaid wages.
Are you paid on salary? Many salaried workers assume that they are not eligible for overtime compensation. Brady & Associates can help you determine if you are eligible for overtime pay based upon your exempt or non-exempt status. You may have a claim for unpaid overtime wages, even if you work on a salary basis.
A true independent contractor is not considered an employee, and therefore is not governed by the Fair Labor Standards Act (FLSA.) Our lawyers can help you determine your status as an independent contractor or an employee, and then assist you in determining your rights.
If you are paid on a salary plus commission basis and you are not an outside salesperson, if you work greater than 40 hours in a workweek, you should receive overtime compensation related to both hours worked and commissions. Additionally, you should be paid overtime related to your bonuses if you received periodic bonuses in addition to your salary and your work over 40 hours in a workweek.
Your employer should pay you for breaks that are under 20 minutes. For breaks that are longer than 20 minutes that may not be taken uninterrupted, the employer should compensate for that time. Similarly, any 30 minute lunch break that requires you to be at your desk answering calls or performing other work should be compensated.
Whether you are a union or non-union employee, if your employer requires you to wear special clothing or equipment in order to perform your job, your employer may owe you wages for the time you spend changing into and out of (“donning and doffing”) your work clothes.
In addition to the FLSA (link), many states offer additional protections against employers who exploit work from their workers without paying for it.
In 1974, Congress passed the Employee Retirement Income Security Act (“ERISA”). This act protects employees’ retirement and pension plans and other benefits and provides remedies if an employee’s benefits are compromised due to an employer’s misconduct.
Under Federal law, an employee’s rate of pay may not fall below the minimum wage due to an employer’s pay deductions. If this has occurred, your employer may have violated the Fair Labor Standards Act.
Employers and fellow employees should be held responsible for unacceptable working conditions and disparate treatment, including age discrimination and sexual harassment. You should not be treated differently from your coworkers and the situation must be addressed.
If you have been fired by your employer for speaking out, consult with our law firm about filing a wrongful termination lawsuit. A skilled workplace retaliation lawyer can explain your rights under the Fair Labor Standards Act (FLSA) and protect you against retaliatory discharge.