HOW DOES THE FLSA (FAIR LABOR STANDARDS ACT) AFFECT YOU AS AN EMPLOYEE IN CALIFORNIA?
The Fair Labor Standards Act (FLSA) is a federal law established by the US Congress in 1938 and enforced by the United States Department of Labor. The FLSA defines the federal minimum wage, describes employee time recordkeeping requirements, and lists jobs required to receive overtime compensation after 40 hours have been worked in a workweek.
If you are a nonexempt employee you are covered by the overtime provisions of the FLSA and must record each hour worked on the time record. If you work more than 40 hours in one workweek, then you should be paid time and one-half of your regular hourly wage.
In general, the more responsibility and independence or discretion you have, the more likely you will be considered exempt. As an exempt employee you are not covered by the overtime provisions of the FLSA but rather paid an agreed amount for your whole job, regardless of the amount of time or effort required to complete the work. Additionally, exempt employees do not record hours of work on a time sheet. An experienced employment attorney will be able to help you determine what type of employee you are.
If you have questions about how your employer is categorizing you, or believe you should be receiving over time pay, you need the experience of a knowledgeable employment attorney to help you make sure you are receiving the right pay. If you live in CA, the employment attorneys at Greenberg & Rudman LLP are here to help you. Call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to assist you.
