In order to establish a national minimum wage as well as other labor laws, The Fair Labor Standards Act was passed in 1938. This act not only guaranteed things like overtime to qualified employees and the 40-hour workweek, but also prevent the employment of minors in “oppressive child labor”.
Minimum Wage & Overtime
The Fair Labor Standards Act requires that an employer pay their employees minimum wage, as well as overtime, which was determined to be time and a half, for any hours worked over a typical 40-hour workweek.
The Fair Labor Standards Act does not require employers to pay their employees for any time off, compensation for any meal or rest breaks, or pay employees premium payments for working weekends or holidays. It also does not require that employers provide pay increases or fringe benefits.
Exempt vs. Non-Exempt
Not every employee is automatically protected under the Fair Labor Standards Act. Since there are exemptions, it is critical to understand what type of employee you are considered: exempt or non-exempt.
In the event that an employee is considered exempt, they will not meet the requirements, often including minimum wage and overtime, such as the following types of employment:
- Independent Contractors
- Seasonal and Recreational Employees
- Commissioned Sales Employees
- Professional, Administrative, and Executive Employees
- Certain Computer Professionals
- Ministerial Employees
Consult With an Employment Attorney
If you have any concerns in regards to your employment rights, especially when it comes to your wages or overtime, be sure to consult with an employment attorney. They can help ensure you are getting the pay you deserve and your employment rights are being met.
Maduff & Maduff has been specializing in employment law for more than 20 years. Contact us for more information on how we can help you with your employment law needs today!