Your Rights

compensation for work performed

An employer’s failure to pay employees for all hours worked, including overtime premiums, goes contrary to the fundamental nature of work and a person’s ability to make a living. The Fair Labor Standards Act ensures that employees are appropriately paid for all hours worked and that employers maintain legitimate and lawful reasons to exclude employees from overtime eligibility.

the right to overtime pay

The federal Fair Labor Standards Act provides fundamental rights to minimum wage and overtime pay. Specifically, employees who work more than 40 hours in one work week must be paid at least one and one-half times their regular rate of pay for every hour worked in excess of 40.  The FLSA contains specific exemptions to the overtime requirement.  In order to qualify for an exemption, an employer must meet each specific requirement set out by the FLSA.  Common exemptions are the executive exemption (reserved for high-level managerial employees); the professional exemption (reserved for employees who work in professions that typically require advanced degrees or training); and the administrative exemption (typically reserved for employees who run business operations and make important decisions).  

what is “misclassification” under the flsa?

With respect to the Fair Labor Standards Act, misclassification occurs when an employer has decided not to pay an employee overtime wages but has misapplied an overtime exemption. For example, an employer may pay an employee a salary and call her a “manager” in order to avoid overtime pay. However, in reality, the employee does not have real managerial functions or sufficient managerial functions to satisfy the FLSA’s requirements. In this instance, the employer has misclassified the employee, and the employee is owed damages, including back pay for unpaid overtime. Misclassification also occurs when a company has classified a worker as an independent contractor but, in reality, treats the worker like an employee, including controlling and directing the manner the work is done.

What laws provide rights to compensation for work performed?

Fair Labor Standards Act of 1938: Establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees. Covered nonexempt workers are entitled to a minimum wage. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

Additional Resources

U.S. Department of Labor

Examples of Possible wage violations

misclassification

You are not paid overtime. Your employer tells you that you are “exempt,” but your duties and functions are not much different than hourly employees. You are branded as a “manager”, “supervisor”, or “lead”, but you do not have authority to make or suggest employment decisions. You believe that yoi have been misclassified.

working off the clock

You are under a lot of pressure at work not to incur overtime. Your manager has told you that overtime must be authorized ahead of time. However, the workload has been increasing, and you have been asked to make sure that the work is complete by the end of the week. As a result you are working after you clock-out and are not being compensated for hours worked over 40.

salaried employee but not paid a salary

You are exempt from overtime and paid a salary. However, you do not always receive the same weekly amount. Your pay fluctuates based on the number of hours you work. If you work part of a day, your employer deducts your wage. You are not receiving a predetermined amount of pay every work week. Rather, it seems that you are being paid a flat hourly rate for all hours worked.

Misclassified as an independent contractor

You have been hired by a company as an independent contractor. However, you are treated the same as the company’s employees. The supervisors and managers control and direct your work. The company provides your schedule, and you need to report your hours worked. You are paid on an hourly basis. The company provides your tools and equipment. It seems that you are treated much like the company’s employees, but you do not receive overtime or benefits. You believe you have been misclassified.

unpaid commissions

You are a sales person paid through a commission program. You believe that you have met all of the conditions in the program to receive your commission payment. However, when time comes to receive payment, your manager changes his mind. He does not provide a very clear explanation. Or, although you receive a payment, it does not appear that your employer calculated it correctly based on the information in the commission program. You believe that you have not been paid all commissions owed to you.