Is Your Employer Violating Federal or State Law?
Maybe you worked overtime hours and weren’t fairly compensated for your time. Perhaps your employer urged you to continue working through lunch breaks, even though your breaks are unpaid.
There may have been instances where you weren’t paid for a drive between job sites, or situations where you were required to complete classes or training “off the clock” – but are all of these violations of your state’s employment law?
Unfortunately, as an employee, it may not always be clear to you when an employer is violating your rights. Wage, pay, and compensation law varies from state to state, which can be overwhelming and even confusing for some people.
As an employee, you are granted specific rights under the federal Fair Labor Standards Act (FLSA). Although the laws listed under the FLSA may differ from the employment laws of your state, they still protect employees in the United States from illegal employment practices.
That said, how do you know if your employer has broken the employment law?
Understanding State and Federal Employment Law
Typically, state employment law will offer greater protections than the laws listed under the Fair Labor Standards Act.
In fact, while the federal minimum wage is currently $7.25 per hour (or $2.13 per hour, plus tips for tipped employees), many states – and even certain local governments – have set their minimum wage at a higher dollar amount. According to the law, you have the right to receive the highest minimum wage applicable to your state and locality of employment.
For example, the minimum wage in Connecticut is currently higher than the federal minimum wage, as is the minimum wage in New York. Employers in these states are obligated to honor the higher state wage when paying their employees.
Of course, neglecting to follow federal, state, or local minimum wage laws is not the only way an employer can violate your rights as an employee. By not paying you for the hours you work, your employer is breaking the law.
What is the Federal Fair Labor Standards Act?
The federal Fair Labor Standards Act (FLSA) was created to establish employment regulations for all employers to follow, including minimum wage and overtime pay standards. The FLSA applies to all employees in the private sector, as well as all US government employees. The FLSA also regulates the way employers maintain records, as well as the standards that employers must follow when employing minors.
Additional violations under the federal Fair Labor Standards Act may include:
- Forcing you to work “off the clock.”
- Making you work through meal or rest breaks.
- Neglecting to pay you for required training programs or classes.
- Neglecting to pay you for travel time between job sites.
- Refusing to pay you for waiting time spent on your employer’s premises.
Learn More About Your State’s Employment Law
What to do if Your Employer is Breaking the Law?
If you’ve already attempted to resolve the issue with your employer, your management, or your human resources department, and your complaint was ignored, it may be time to consult one of our lawyers.
Not only will we evaluate your claim, explaining if and how it violates your rights as an employee – we will do so at no cost to you. The law entitles you to payment of all attorney fees and costs incurred in collecting the money you have earned. In short, there is no risk to you when contacting us regarding your employment law claim.
Our team is courteous, professional, and devoted to resolving your case, working to provide you with the attention, fair representation, and qualified legal counsel your situation requires.
Get your free case review when you email us or call 1-800-NOT-FAIR (1-800-668-3247).