Most people aren't familiar with the wage and hour laws that affect their paycheck. You have probably heard the phrase "non-exempt employee" at some point but weren't sure what it meant. If you've never taken the time to check if you are paid correctly under the law, read this article for a basic explanation of the Fair Labor Standards Act laws that affect you.
If you are unsure if you are an exempt or non-exempt employee there's one tip that applies almost universally to all employees.
Your employer said that you are exempt so why would you question it?
It's not your fault if this happens to you. You assume your employer has no reason to lie, right? What's more, it's a huge corporation - they can't break the laws. Unfortunately, many employers take advantage of this misconception to avoid paying overtime and even misclassifying employees.
The universal law that applies to almost 90% of employees.
After clients call our office we sit down with them and most of them are stunned to realize that the laws are in their favor and their employer, whether intentionally or not, owes them a lot of money. The Fair Labor Standards Act applies to almost 90% of the workforce.
Here's the trick:
State laws give you more or equal FLSA protection - not less.
It's that simple: if a state does not enforce its own laws then the federal laws still apply, meaning no matter what state you're in you could be eligible for overtime pay. Read below to see how you can get your wages back for up to three years.
A few examples:
California - stricter regulations than the FLSA.
Overtime: Employees must receive overtime pay for working more than 8 hours in a day or 40 hours in a week.
Meal Breaks: Employees may not work more than 5 hours a day without a 30 minute meal break.
Rest breaks: Employees must receive a 10-minute paid rest break for every 4 hours worked.
New York - adopts federal laws.
Meal Breaks: Employees working more than six hours beginning before 11 a.m. and continuing until 2 p.m. must receive a 30-minute, uninterrupted meal period.
Texas - adopts federal laws.Texas does not require rest breaks or meal periods for employees and adopts the current federal minimum wage: $7.25 an hour.
Florida - more regulations than the FLSA. Employees who perform manual labor may be eligible for overtime pay for hours over 10 per day. Overtime is paid for holidays, days off, or working under hazardous conditions.
There is a solution.
If you've been under the assumption that you are paid correctly your whole way of thinking could change after one phone call to our office. Let us help you recover your back pay with a free case review; our experienced wage attorneys will look at the facts and let you know if you have a claim. You can also order our free book to learn more about wage and overtime claims. Call 888-449-2068 to start your free case review.