The Fair Labor Standards Act & Employee Rights
The FLSA is an acronym that stands for the Fair Labor Standards Act of 1938. The FLSA is federal law which dictates the fair wages, work hours and overall treatment of employees throughout the United States. Some of the most recognizable FLSA laws are those that eliminate child labor, those that outlaw discrimination and those that guarantee the national minimum wage for compensation. If you are an employee, and you believe that your rights are being violated, then an FLSA claim may be for you. The Kansas City personal injury attorneys at Wendt Goss, P.C. also handle FLSA claims, so do not hesitate to get in touch with our firm today.
As of 2009, the federal minimum wage is $7.25 per hour. Many states also have a minimum wage standard that differs from the federal. In these cases, the worker is entitled to the higher of the two. For example, in Missouri, the minimum wage is $7.35 per hour. Missouri employees who work at minimum wage received a raise as of 2013 when the minimum wage increased from $7.25 (the federal minimum) to ten cents higher. Another provision of the FLSA is overtime compensation. Qualifying employees are entitled to time and a half pay for every hour worked over the typical 40-hour workweek. One of the most common ways employers violate wage and hour laws is by misclassifying their employees as exempt, such as is the case with "independent contractors."
Other Employment Claims
Discrimination based on age, race, gender and the like are all against the law. If you are being mistreated at the workplace because of one of these factors, then you may be entitled to a claim. An employer cannot harass you, demote you, fire you, fail to promote you or pay you differently than other employees in the same position because of age, race, etc.
It is also against the law for your employer to fire you or demote you for seeking legal counsel, hiring an attorney or participating in an investigation. This constitutes wrongful termination or retaliation. According to the Wage and Hour Division, "Any employee who is discharged or in any other manner discriminated against because, for instance, he or she has filed a complaint or cooperated in an investigation, may file a retaliation complaint or file a private cause of action."
How to File a FLSA Complaint for Compensation
If your employer is violating your rights and you are interested in taking legal action, then do not hesitate to contact a Kansas City FLSA claim lawyer from our firm. At Wendt Goss, we fight for employee rights and see that they are being treated according to their rights under the FLSA. To learn more, call today for a