Wage And Hour Claims
Alabama Fair Labor Standards Act Attorney
The Fair Labor Standards Act, more commonly known as the FLSA, sets forth minimum wage and overtime pay requirements that employers must follow. Under the FLSA, employers must pay employees at least the minimum federal wage, which is currently $7.25 an hour. Many states have a higher minimum wage.
The FLSA also sets standards for payment of overtime. Employees must be paid at least time-and-a-half based on their normal pay rate for any work performed after hitting the 40-hour workweek mark.
Exemptions from federal overtime and/or minimum wage laws under the FLSA are broad and wide, ranging from radio production to sugar processing. There are four main categories of exemption from the overtime provisions of the FLSA, including executive positions, administrative, professional, and outside sales. Still, employees are routinely lured into forced overtime without being paid overtime wages by employers who wrongly claim an FLSA exemption.
There are many traps and nuances involved in determining whether and how the FLSA applies in a particular situation. For example, are you an “independent contractor” not subject to the FLSA or an “employee” protected by it? Just because your employer calls you an “independent contractor” and pays you as such, that does not mean a judge will agree. Likewise, a company simply telling its employee that he or she is not entitled to overtime because she is “exempt” will not prevent a court from determining otherwise.
Representing Employees In Wage And Hour Lawsuits
If you believe you or a loved one is not receiving the wages required by law, we are here to help. Attorney Brian O. Noble at Capstone Law, LLC, represents employees in FLSA lawsuits, including collective actions filed by multiple employees against a single employer. Contact us to speak with an experienced Birmingham employment law attorney and request a free initial phone consultation.