One of the most notable federal employment laws is the Fair Labor Standards Act (FLSA). This act provides nationwide standards for minimum wage, overtime pay, recordkeeping, and child labor protections. It primarily applies to nonexempt employees in both the private sector and government positions. Those classified as nonexempt are entitled to overtime and minimum wage protection, while exempt employees are not. 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. This law is enforced by the U.S. Department of Labor’s Wage and Hour Division.
Additionally, non-exempt employees generally refer to individuals entitled to minimum wage and overtime protection under federal laws.
Minimum Wage Requirement
- 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 $15.92 per hour
- Gloucester employers must follow whichever law, state or federal, provides greater protection to the employee
Overtime Pay Requirements
- 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
- A workweek is defined as a fixed and regularly recurring period of 168 hours, which is seven consecutive 24-hour periods
- Employers are generally prohibited from averaging hours across multiple weeks to avoid overtime obligations
Failure to provide overtime pay can result in unpaid wage claims, back pay liability, and even penalties for wage violations. In some instances, employees are intentionally misclassified as exempt to avoid these obligations.
Record Keeping Requirements
Employers of nonexempt employees must keep up-to-date time and pay records. Under federal regulations, employers must record:
- Accurate records of hours worked each day and total hours worked each workweek
- Wage rate and pay basis
- Straight-time and overtime earnings
- Additions to or deductions from pay
- Date of payment and the pay period covered
Youth Employment Standards
- Employers should not hire individuals who are younger than 14 years of age for non-agricultural jobs
- Employers should restrict the hours for individuals who are younger than 16 years of age
- Employers should not hire individuals who are younger than 18 years of age for hazardous jobs
What the Fair Labor Standards Act Does Not Require
Though the FLSA provides a number of important protections for young employees, wages, and recordkeeping standards, it does not regulate every aspect of employment compensation. As such, the FLSA does not require employers to provide the following:
- Holiday, vacation, or sick pay
- Severance packages
- Meals and rest periods
- Raises in pay or fringe benefits
- Premium pay for weekend or holiday work
- Notice of discharge or a reason for the termination of employment
It is important to understand, however, that New Jersey may require additional protections beyond federal requirements.
What Should I Do If My Gloucester County 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.
Information You Must Be Prepared to Provide
Regardless of how you plan on filing your complaint, you’ll need to have the following information ready to provide:
- 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.)
How Does the FLSA Apply to New Jersey Employees?
As mentioned, the FLSA provides a number of important protections for employees in Gloucester County and across the state. However, New Jersey law also imposes hour and wage laws that can help provide more protection for employees, especially regarding minimum wage and additional enforcement. As such, employees in Gloucester County and throughout the state should review both federal and state employment laws before filing a complaint.
Contact an Experienced Gloucester County Employee Defense Attorney Today
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.
