Fair Labor Standards Act (FLSA)

Fair Labor Standards Act

Houston Employment Lawyer Explains the FLSA

The Fair Labor Standards Act (FLSA) of 1938 is a federal law that protects employees' rights through wage and hour (minimum wages and overtime) and child labor regulations. The FLSA also requires employer recordkeeping. At Guerra & Farah, PLLC, our employment law attorneys represent clients in efforts to recover back wages and related damages in cases involving FLSA violations. Clients can pursue FLSA lawsuits as part of a class action or on an individual basis, depending on the circumstances of their case.

Guerra & Farah, PLLC has extensive knowledge and experience handling FLSA cases. Our Houston employment law attorneys are available 24/7. Attorney fees are part of the compensation awarded in FLSA cases.

FLSA Exempt Employees

Referred to as FLSA exempt employees, specific job exclusions are named in the FLSA statutes, such as work done by agricultural workers and movie theater employees. FLSA overtime rules do not apply to certain workers due the nature of the work and job qualifications. Other instances for which the FLSA does not apply include when a specific federal labor law governs an industry or type of position; examples include railroad workers covered by the Railway Labor Act and truck drivers covered by the Motor Carrier Act.

Wrongfully Classifying a Worker as Exempt

Sometimes employers knowingly classify salaried workers as exempt under the FLSA so they can deny them overtime pay when working more than 40 hours a week. Employers can only base exemptions on specific job requirements that involve supervisory authority and the ability to make business decisions.

Independent Contractor Exemptions

In an attempt to avoid paying overtime, minimum wages, withholding taxes, or workers' compensation, an employer may decide to classify a worker as an independent contractor despite the fact that the worker does not meet independent contractor requirements. Job characteristics that disqualify workers as independent contractors include:

  • Daily direction for work done
  • Work duties performed that are an integral part of the company's business
  • Work that is a sole source of income for the employee
  • Undocumented workers' rights to fair pay under the FLSA, which cannot be denied based on their immigration status

Child Labor Law Violations

The child labor restrictions under the FLSA prohibit work that is unsafe, unhealthy or that puts a minor's well-being at risk. Restrictions also allow children to take advantage of educational opportunities by limiting work hours.

If you believe that your employer is violating the FLSA by not withholding taxes or providing other benefits that correct job classification provides, get legal help. Wage and hour violations are also illegal under the FLSA and by consulting an experienced employment lawyer you can recover back wages and other damages. Contact us now or fill out the free case evaluation to get the process started.

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