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The Fair Labor Standards Act (FLSA) was passed by Congress in 1938. It is one of the Great Depression acts and is still going strong today. Because the FLSA is a federal act, it applies in every city and state in the country. The FLSA is the only wage/hour regulation in Nashville and in Tennessee. However, some neighboring states such as Kentucky have their own state laws that also regulate minimum wage and overtime.
It was designed to eliminate low wages and long hours to make sure that anyone working 40 hours a week in this country has enough to live above the poverty level. It also regulates overtime in the sense that an hourly worker is to be paid time and a half for every hour they work over 40 hours in a work week. The goal is to keep people in this country from having to work 80 hours a week and never be able to climb out of poverty. If you have been working overtime and have yet to see the wages you are owed, consult a Nashville FLSA lawyer today. A skilled attorney could work tirelessly to advocate for you.
The FLSA protects hourly workers and sometimes salary workers. Sometimes employers call employees salaried when in fact they should be entitled to overtime. Compensation is not based on what the employer calls a person and what they pay the person every week. It is based on how many hours a person works in a week and their job duties when it comes to eligibility for overtime. The FLSA protects workers, it does not protect managers or high-level executives. If someone finds that their employer is not abiding by the FLSA, they should consult a Nashville FLSA lawyer that can help.
Currently, there is an issue as to who is entitled to overtime. For example, Obama tried to raise the minimum salary threshold that keeps a person from being entitled to overtime. The minimum salary threshold was at about $19,000 a year. The government recently tried to double it to $44,000 and that was overturned. To make someone exempt from working overtime, it should be higher than $19,000 a year. That is less than $2,000 a month to pay someone and depending on their job duties, they could be required to work 80 hours a week.
One common misconception about the FLSA is that if a person gets a salary, they are not entitled to any overtime. That is not true. Payment for overtime is based on how much money a person makes and their job duties.
Also, many people say they are independent contractors when in fact, they are employees. The term employee has a broad definition. Employers with 30 people working for them that are independent contractors may claim there is no overtime. That is just not true. There standard is low to show that someone is an employee for purposes of getting overtime.
The Fair Labor Standards Act keeps people from earning a weekly amount of pay that puts them below the poverty line. It protects people by ensuring that they have a chance to do things in their life other than work. When a person works all the time, they should be paid accordingly and that is what the FLSA does. If your employer is not abiding by the FLSA it is important to contact a Nashville FLSA lawyer. Your attorney can attempt to protect your rights, and can advocate for you.