Maryland FLSA Lawyer

The Federal Labor Standards Act (FLSA), sets legal standards regarding wages and working hours. It also defines what employers should consider “working,” and it mandates that employees should be compensated for work no matter when or where the work is performed. Many companies and employers are required to adhere to these standards, and if they do not, their employees may be able to hold them legally accountable.

With the help of a Maryland FLSA lawyer, employees can obtain the compensation they deserve from employers who do not follow FLSA laws. Keep reading to learn more about the FLSA and what it requires of employers. Also, consider reaching out to an experienced lawyer.

Enterprise vs. Individual FLSA Coverage

The FLSA offers two types of coverage to a variety of employees. Enterprise coverage requires employers with two or more workers to abide by their standards if they do more than $500,000 a year in business. Hospitals, government agencies, and many types of schools are also classified as “enterprises” for the purpose of providing coverage under FLSA to employees. Individual coverage applies to workers who do not fall into the enterprise category. This includes workers in the manufacturing and shipping industries, any work connected to interstate commerce.

Not all employees who work for an enterprise worker will be eligible for full coverage, and only a few states have enacted laws expanding FLSA coverage to these workers. A Maryland FLSA lawyer could help workers better understand laws regarding FLSA coverage.

FLSA Categorization of Workers

The FLSA divides workers into two distinct categories – non-exempt and exempt. Non-exempt workers are entitled to pay for any overtime they work if they earn less than a certain amount of money each year. Most of the individuals who fall into this category are “blue-collar” and are workers who earn an hourly salary and do not work in management. The majority of workers who perform manual labor or use physical skill to perform their jobs are also considered to be non-exempt.

Conversely, many “white-collar” jobs in the education, finance, healthcare, and technology industries are considered exempt. These workers have salaries that exceed the standards for non-exempt benefits, and they are not entitled to overtime wages. In general, workers are considered to be non-exempt if their jobs do not fall into either category. For more information about classifying employees, contact a knowledgeable lawyer.

FLSA Standards Regarding Tipped Workers

Many workers, such as waiters and waitresses, depend on tips to make a living wage, and according to the FLSA, their employers do not have to adhere to state minimum wage laws. Tipped employees must be compensated at least $2.13 per hour, and if this wage plus the tips they receive do not add up to more than the federal minimum wage, their employer must provide them with a “tip credit.” To use the tip credit, employers must provide their tipped employees with the following information prior to hiring:

  • Amount of their wage
  • Amount credited against tips
  • Notification that all tips earned by the employee will be retained by the employee
  • Notification that the tip credit may not exceed the value of tips

The employer must provide the employee with the information listed above either in writing or orally.

Let a Maryland FLSA Attorney Help You Fight Back

If you believe your employer has violated the FLSA in any manner, you do have the power to fight back. You work hard for your money and no employer, no matter how big, has the right to withhold the funds you need to support yourself and your family. By working with the right attorney, you can hold your employer liable and collect the compensation you deserve. Discuss your case with a Maryland FLSA lawyer today.