Wage and hour law falls under the broader umbrella of employment law, focusing on the compensation of employees and the hours they work. This area often delves into topics like overtime entitlements and compliance with both federal and state compensation regulations. If you suspect that your employer hasn’t adhered to minimum wage standards or other related laws, seeking legal counsel could be beneficial. This article aims to provide a concise summary of the relevant federal laws, equipping you with the knowledge to discuss matters confidently with a legal expert.
Federal and State Wage and Hour Requirements Overview
All employers, irrespective of the state they operate in, must adhere to the federal Fair Labor Standards Act (FLSA). Here are the fundamental provisions of the FLSA:
- Minimum Wage: The FLSA stipulates that all nonexempt employees should be compensated at least the federal minimum wage (currently $7.25 per hour) for all hours they work. States can establish a higher minimum wage, but it shouldn’t fall below the federal rate.
- Child Labor: The FLSA also delineates regulations regarding the employment of minors to ensure their safety and well-being in work settings.
- Overtime: For nonexempt employees who work beyond 40 hours in a single workweek, they must be compensated at a rate of at least one and a half times their regular pay for those extra hours.
- Recordkeeping: It’s incumbent upon employers to maintain accurate records of the hours worked by employees and the corresponding wages paid.
Defining “Hours Worked”
The U.S. Department of Labor employs the term “hours worked” to guide employers on which hours should be compensated. The phrase might seem straightforward, but there are nuances. Activities that may not appear as work could still require compensation.
Travel Time Considerations
Regular commute from home to work isn’t deemed work time. But if an employee must travel between multiple job sites during a workday, this could be counted as work hours.
Waiting Time Compensation
Payment for waiting time depends on the circumstances. If an employee is “engaged to wait”, such as a receptionist waiting for calls or a firefighter waiting for an alarm, that waiting time is counted as hours worked. However, if an employee is “waiting to be engaged”, like a delivery driver waiting for the next assignment, that time may not be compensable.
Breaks and Meals
Short rest breaks, usually up to 20 minutes, should be compensated. However, meal breaks, typically 30 minutes or more, aren’t counted as work hours, provided employees aren’t performing any work tasks. If they work during these breaks, they should be paid.
On-Call Time
If on-call employees have to stay on the employer’s premises, they should be paid for that time. However, if they can be at home or elsewhere and only need to be reachable, this on-call time might not be compensable.
Exempt vs. Nonexempt Employees
Under the FLSA, not every employee is eligible for minimum wage or overtime. Some are exempt from either or both provisions. Common exemptions include roles such as administrative, executive, creative, computer professionals, amusement park workers, switchboard operators, and some journalists, among others. Each exemption has distinct criteria, and consulting an employment attorney can offer clarity on specific situations.
Important Queries for Your First Meeting with an Attorney
When meeting with an attorney, particularly for the first time, it’s crucial to be well-informed and prepared. Here are some pivotal questions you might want to ask:
- How can I ensure I’m being paid according to the prevailing wage in my industry?
- How can I determine if I should receive overtime?
- How can I report instances of unpaid wages?
- If I’m on a salary, am I still eligible for overtime pay?
- Is my employer obligated to compensate me for business-related travel?
- What steps should I take if my employer mandates unpaid breaks?
- Am I supposed to receive fringe benefits, like health insurance?
Why Engage with an Attorney?
Navigating legal terrains can be intricate, making the expertise of an attorney invaluable.
An attorney can:
- Handle Bureaucracy: With their expertise, attorneys can manage deadlines, submit necessary paperwork to the relevant courts and agencies, and alleviate some of the administrative burdens you might face.
- Conduct Interviews: They can engage in discussions with key individuals pertinent to your case, enabling the collection of pivotal information and evidence to bolster your claim.
- Access Crucial Documents: A significant portion of your case might hinge on records maintained by your employer. An attorney can procure these documents through a legal procedure known as “discovery.”
- Forecast and Tackle Challenges: Lawyers can foresee potential pitfalls in your case and offer guidance on effectively handling them.