WHAT IS THE FAIR LABOR STANDARDS ACT?

Date: May 17, 2012
Tagged:

The Fair Labor Standards Act provides employees with valuable wage and hour rights. These include the right to full pay for all time spent working and the right to time and one half overtime pay for hours worked over 40 hours in a work week.

Some common FLSA violations are where companies fail to give workers credit for all the hours they have worked by requiring them to perform job related duties “off the clock” or by using time-keeping practices that do not give credit for all the time spent performing work-related duties. Also, workers must be paid for scheduled rest or meal breaks of less than 20 minutes.

Many workers are required to pick up, wait for, put on, clean, or maintain required clothing that is necessary for the performance of their respective jobs. Some worekrs must ready machines or computers at the start or end of the workday. Likewise, in some production jobs, workers are required to wear sanitary or protective gear before arriving at their workstation for the start of their shift. As a general rule, workers are entitled to be paid for time spent traveling from the equipment pickup area to their workstation.

Most workers are entitled to time and a half overtime pay for all work hours over 40 hours in a single workweek. A single workweek is defined as a period of 7 consecutive days.

Most hourly workers who are not employed by the government are entitled to monetary payment for overtime work. The overtime pay must be calculated at 150% of the workers’ regular rate of pay. It is illegal for private sector employers to pay nonmonetary compensable time benefits instead of money. For instance, providing additional health benefits or sought after times for vacation time.

Call center workers are also required to perform duties before and after the beginning of their pay shift. For example, some workers that work at these call centers must prepare and submit reports after their normal shift is over. these kind of company-mandated activities are considered compensable work.

In conclusion, many salaried workers are also entitled to overtime pay. Whether a salaried worker is entitled to overtime depends upon their actual job duties and not their title. Only workers who have actual managerial or administrative job duties are exempt from the mandatory overtime.

Cal Leventhal
Cal is a graduate of the University of Miami (magna Cum Laude) and attended Loyola and Notre Dame law schools graduating in 1976. He is admitted to the Bars of the Supreme Court of Pennsylvania and both state and federal trial and appellate courts situated in Pennsylvania.