What Is the Fair Labor Standards Act?

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One of the most notable federal employment laws is the Fair Labor Standards Act (FLSA). Essentially, this act establishes minimum wage, overtime pay, recordkeeping, and youth employment standards throughout the country. You must understand how these standards apply to you, along with how to handle a situation in which these standards are violated. Continue reading to learn the purpose of the FLSA and how an experienced Gloucester County wage and hour lawyer at The Vigilante Law Firm, P.C. can work to ensure that your employer abides by it.

What is the function of the Fair Labor Standards Act?

To start, the Fair Labor Standards Act applies to nonexempt employees in the private sector, along with the federal, state, and local governments. Further, nonexempt employees refer to individuals who earn less than $684 per week, which results in an annual threshold of $35,568. Without further ado, the standards for minimum wage, overtime pay, recordkeeping, and youth employment are specified as follows:

  • Minimum wage: nonexempt employees must receive the federal minimum wage of $7.25 per hour. However, these employees may be entitled to New Jersey’s higher minimum wage of $14.13 per hour.
  • Overtime: nonexempt employees must receive overtime pay for hours worked over 40 per workweek. This rate should not be less than one and one-half times their regular rate of pay.
  • Recordkeeping: employers of nonexempt employees must keep up-to-date time and pay records.
  • Youth employment: employers should not hire individuals who are younger than 14 years of age for non-agricultural jobs; should restrict the hours for individuals who are younger than 16 years of age; and should not hire individuals who are younger than 18 years of age for hazardous jobs.

What should I do if my employer violates the FLSA?

If you believe that your employer is violating your rights to minimum wage, overtime pay, recordkeeping, youth employment, or otherwise, then you must file a complaint with the United States Department of Labor’s Wage and Hour Division. You may submit your complaint by calling the division, visiting its website, or visiting one of its office locations. Regardless, you must be able and willing to provide the following pieces of information:

  • Your first and last name.
  • Your contact information (i.e., residential address and personal phone number).
  • The name, location, and phone number of the company that you believe violated the FLSA.
  • The name and contact information of the employer or manager who you believe violated the FLSA.
  • The type of work you conducted for this employer.
  • The format in which you were paid by this employer.
  • Any other relevant documentation (i.e., copies of past pay stubs, personal records of hours worked, etc).

With legal proceedings as serious as this, you should not go through it alone. Rather, you should have one of the skilled New Jersey employment lawyers from The Vigilante Law Firm, P.C. stand by your side throughout. Contact our firm today.

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