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
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.