Statutes and regulations including the Fair Labor Standards Act, as well as state laws, govern payment of wages and overtime. At the federal level, the Wage and Hour Division (WHD) of the United States Department of Labor is responsible for upholding regulations concerning fair wages for employees across the nation.
In addition, federal standards for overtime pay, minimum wage, and protection for workers concerning wages and hours are enforced by the WHD. One aspect of the Division’s duty entails conducting investigations of employers who are alleged to be breaching wage and hour protections, including overtime pay.
If you believe that your wage-and-hour rights have been violated, there is no substitute for a highly skilled professional employment law attorney who is knowledgeable on overtime issues in Washington DC FLSA cases. Reach out to a dedicated wage and hour lawyer today.
Millions of American workers are entitled to protections under the Fair Labor Standards Act (FLSA); however, not every worker may be eligible for overtime pay. In order for a worker to be eligible for overtime, the employer should be covered by the FLSA.
Employers whose enterprises are covered by the FLSA are required by the FLSA to pay overtime rates to eligible workers. The standard may not rely on how many employees the employer has but instead might look at the nature of the work performed by the enterprise and the employee to determine whether interstate commerce is involved.
Under the FLSA, there are two classifications of employees: exempt and non-exempt. Generally, exempt workers are not covered by the FLSA, and such workers include independent contractors and those working in an executive or administrative capacity.
In an attempt to avoid paying overtime pay to certain employees, employers may have them sign contracts stating that they are independent contractors.
The U.S. Department of Labor can file lawsuits against employers for violating the FLSA. However, it does not act as an attorney for the affected employee. The Department is under no obligation to get the employee full monetary relief. Due to a variety of budget restrictions, the Department of Labor, like most government agencies, may not be able to enforce rights in all cases. As a result, many employers neglect their duties and cheat their employees without fearing governmental action.
An important issue in overtime law is whether or not the law applies to the type of work the employee performs. Exemptions state that if the worker makes more than a certain amount of money on a weekly basis, and a certain type of work is performed, the employee may be exempt from overtime laws. Thus, the employer may not be obligated to pay the worker time and a half.
There are three general exemptions under the FLSA:
In order for an employer to establish that the worker falls under any of the mentioned exemptions, thereby disqualifying them from overtime, the employer must be able to prove that they are paid on a salary basis and that their principal duties are professional, administrative, or executive in nature. For more information about overtime issues in DC FLSA cases, consult with an attorney.
The FLSA is a complicated statute, with hundreds of pages covering various rules and regulations. If you are being denied the overtime benefits you deserve or are experiencing retaliation for filing a complaint, it is highly advisable to contact a professional employment lawyer who is knowledgeable on overtime issues in Washington DC FLSA cases, so you can fight for justice and accountability.
