The Fair Labor Standards Act (FLSA) regulates wage and hour issues for non-exempt employees, exempt employees; establishes rules on employer record keeping, and allows employees to be compensated by employers who do not play by the rules.
Although the FLSA has existed since 1938, many employers do not fully understand it. Others willingly violate it. Whatever the case may be, hard-working Tennesseans ultimately pay the price.
If you are facing an FLSA issue, contact an experienced Nashville wage and hour lawyer to review your situation. Let our employment attorneys evaluate whether you have a cause of action against your employer and determine how best to address it.
The FLSA’s minimum wage and overtime rules affect millions of employees in Tennessee and across the nation. Under the FLSA, non-exempt employees must be paid at least $7.25 per hour and receive overtime of 1 ½ times their regular rate of pay for any hours they work over 40 per week:
As a Nashville wage and hour lawyer can explain, the FLSA also establishes rules on what constitutes exempt employees and non-exempt employees and how employers must classify and pay them.
Exempt employees generally have managerial duties and must be paid a fixed salary every week (at least $455 per week or $23,660 per year) regardless of the number of hours they work. Exempt employees do not qualify for overtime under the FLSA.
There are three types of exempt employees – executive, administrative, and professional. Each has a specific duties test, but the same salary requirement. The FLSA also recognizes overtime exemptions for certain computer professionals, outside sales personnel, and “highly compensated” employees who earn $100,000 or more.
Conversely, non-exempt employees are paid an hourly rate, generally, have little or no managerial duties, and must be paid overtime when earned.
The U.S. Department of Labor attempted to update the FLSA’s salary requirements in 2016; however, the measure did not pass and the requirements listed above are still the law.
Nashville employers who violate the FLSA – whether intentionally or not – can and should be taken to task. Some of the most common FLSA violations include:
The bottom line is that Tennessee employees have rights under the law and should turn to an experienced Nashville FLSA attorney to protect those rights.
You work hard for your money. If you earned it, you deserve it. If your employer has violated the FLSA, they are subject to employment lawsuits from both individuals and the Equal Employment Opportunity Commission (EEOC), as well as DOL investigations.
Contact a Nashville wage and hour lawyer to find out about your rights. Let us review your situation and determine the best course of action for you!