Fair Labor Standards Act

Federal law ensures that employees in California and in the rest of the United States have certain rights. The federal law that ensures these rights is the Fair Labor Standards Act of 1938 (FLSA). Despite federal regulations, some employers regularly violate the requirements of the FLSA by failing to pay employees overtime and by paying employees less than minimum wage. If an employer fails to abide by the requirements of the FLSA, the affected employees have to right to demand payment of wages owed. If you are in need of an employment lawyer because your employer has violated any of your rights under the Fair Labor Standards Act, it is important that you contact an experienced Los Angeles Fair Labor Standards Act Lawyer who will review the facts of your case and who will help you receive the compensation to which you are entitled.

The FLSA has specific requirements regarding overtime pay, child labor, tip credit, and nursing mothers.

Overtime Pay. Employers are required to pay nonexempt employees time and a half their regular rate of pay for all hours worked over 40 in a single workweek. Whether an employee works more than 8 hours in a single day or more than seven consecutive days is irrelevant. In order to eligible for overtime the employee must work over 40 hours in a week.

The determination of whether a worker is exempt or nonexempt is not made by the employer. The normal job duties that the employee performs are what determine whether or not an employee is exempt from the FLSA overtime requirement. If an employee misclassifies an employee’s overtime status as exempt, the employer may be liable to that individual for an overtime wage claim.

Child Labor. With a few exceptions, employees must be at least 16 years old to work. Employees must be at 18 to work in non-farm jobs that are deemed hazardous. Kids ages 14-15 may work in non-manufacturing, non-mining, non-hazardous jobs with certain work hour restrictions. A separate set of rules applies to agricultural jobs.

Nursing Mothers. Employers must provide a reasonable break for a nursing mother employee who is subject to overtime requirements in order for the employee to express breaks milk for her nursing child for one year after the child’s birth each time the employee has a need to express breast milk. Employers are also required to provide a private place, other than the bathroom, for employees to express breast milk.

In Mendiola v. CPS Sec. Solutions, Inc., 60 Cal.4th 833 (Cal., 2015) CPS employed on-call guards to provide security at construction worksites. Part of each guard's day was spent on active patrol and each evening guards were required to be on call at the worksite and to respond to any disturbances. During the week each guard was on patrol for 8 hours, on call for 8 hours, and off duty for 8 hours. On weekends each guard was on patrol for 16 hours and on call for eight hours. If an on-call guard wanted to leave the worksite he had to notify a dispatcher and indicate where he or she would be and for how long. If another employee was available for relief, the guard had to wait onsite until the reliever arrived. If no reliever was available, the guard had to remain onsite. Guards were not paid for on-call time unless something happened that required them to investigate. The CPS guards filed a class action lawsuit claiming that the CPS’ compensation policy violated minimum wage and overtime requirements. The court sided with the guards finding that on-call time was compensable.

The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor. The relief offered to employees who are the victims of employer FLSA violations differs depending on the type of violation. For example, for an overtime violation, the employer will be ordered to pay the employee back wages. The employer may be required to pay up to two, or sometimes three, years of back wages, along with liquidated damages.

If you believe that your employer has violated the Fair Labor Standards Act by failing to properly compensate you for the work you completed or for violating any other provision, it is important that you are represented by an attorney with experience who will investigate your case and make sure that your rights are protected. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.