what is a fair labor lawyer

Employment Lawyer Focusing on Wage Violation Cases Fair Labor Law is a law firm dedicated to enforcing workers’ rights under the Fair Labor Standards Act—the federal law that guarantees overtime pay and minimum wages—together with other state and federal wage laws.

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What is labor law?

Dec 27, 2020 · As an employment lawyer in Towson, MD from a law firm like Seigel & Rouhana, LLC, can explain, the FLSA is a federal law that dictates the payment of minimum wage and overtime wages to employees. When an employee does not receive the wages to which they are entitled after working hard to earn them, it can have a devastating impact on their quality of life.

What is the Fair Labor Standards Act?

But her personal relationships never eclipsed her numerous professional accomplishments, among them defending the constitutionality of the New Deal's Tennessee Valley Authority, drafting rules establishing the American military tribunals for Nazi war crimes in Nuremberg, and, on behalf of the Labor Department, shepherding through the courts the child labor, minimum …

Should I hire a labor lawyer?

Mar 26, 2021 · The Fair Labor Standards Act provides many protections for its employees but may prove difficult to navigate. An experienced attorney can review your case, determine whether you are entitled to claims under the FLSA and file a lawsuit on your behalf. An attorney can assist with any pay related dispute you may have with an employer.

What are some labor laws and departments in the US?

Our founding attorney has over a decade of legal experience recovering unpaid wages from companies of all sizes. At Fair Labor Law, we represent workers across the United States from all types of jobs and industries in group, class, and collective actions for overtime pay and other common wage violations. Our goal is to help you recover what you are justly owed, and we will …

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) contains provisions for the requirements for various aspects of employment. The FLSA includes standards for things such as: Overtime pay; Minimum wage; Record keeping; and. Employment of youths in both the private and public sectors. Under the FLSA, nonexempt workers who are covered by ...

What is the FLSA?

The FLSA contains several provisions concerning child labor. These provisions are intended to protect minors and children from job conditions that may be detrimental to their well-being or their health. These provisions also include prohibitions and restrictions on the work hours for minors under the age of 16.

What age can you work under the FLSA?

These provisions also include prohibitions and restrictions on the work hours for minors under the age of 16. The FLSA contains a list of occupations that are considered hazardous for children and, therefore, too dangerous for them to perform. Examples of dangerous occupations under the FLSA include:

What is the minimum wage for FLSA?

Under the FLSA, nonexempt workers who are covered by the act are entitled to receive minimum wage pay rates, which are $7.25 per hour. Minimum wage is the absolute lowest amount an employer can legally pay an employee for their job. The amount of minimum wage may be adjusted over time. Minimum wage can vary by state but cannot fall below ...

How old do you have to be to work in Florida?

The FLSA provides protections for minors aged 14 to 17 years old under its child labor regulations. These protections include restrictions on maximum work hours as well as a listing of occupations that have been deemed too hazardous for minors to perform.

What are the requirements for FLSA?

FLSA laws include requirements that employments must: Pay their employees at least minimum wage; Pay their employees overtime pay for time worked over 40 hours in a work week; Adhere to the child labor provisions; and.

Do I need an attorney for FLSA?

Do I Need an Attorney for Help with My Fair Labor Standards Act Issue? Yes, if you are facing any FLSA issues, it is important to have the assistance of an experienced labor attorney. The Fair Labor Standards Act provides many protections for its employees but may prove difficult to navigate.

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You deserve to be fairly paid for your work and time. Our firm assists clients from all walks of life and can assess all practical and legal remedies available to you. Whether you are owed unpaid overtime or have been misclassified as an independent contractor, we can provide the knowledgeable representation you need.

Fair Labor Law Handles Many Types of Wage Violations

Not all wage violations will be immediately obvious. It may take weeks, months, or even years for an employee to realize they are a victim of wage theft. No matter your circumstances, you should immediately seek legal advice from a qualified attorney who concentrates on wage claims if you suspect you are not being appropriately compensated.

How does the Fair Labor Standards Act work?

How the Fair Labor Standards Act (FLSA) Works. The FLSA specifies when workers are “on the clock” and which times are not paid hours. There are also elaborate rules concerning whether employees are exempt or nonexempt from the FLSA overtime regulations. The law requires overtime to be paid at one-and-a-half times the regular hourly rate ...

What is the FLSA?

Key Takeaways. The Fair Labor Standards Act (FLSA) protects workers against unfair practices. FLSA rules specify when workers are considered on the clock and when they should be paid overtime. Employees are deemed either exempt or nonexempt with regard to the FLSA.

When was FLSA passed?

The FLSA—which was passed in 1938 and has seen numerous changes over the years—is one of the most important laws for employers to understand, as it sets out a wide array of regulations for dealing with employees, whether salaried or paid by the hour. 2 3.

Does FLSA apply to independent contractors?

It does not apply to independent contractors or volunteers because they are not considered employees. 7 Employers that have at least $500,000 per year in gross sales or other business are subject to the requirements of the FLSA, which means that their employees are eligible for FLSA protections. 6.

Is FLSA covered by the Railroad Labor Act?

Most FLSA-covered employees are nonexempt. Some hourly workers are not covered by the FLSA but are subject instead to other regulations. 4 Railroad workers, for example, are governed by the Railway Labor Act, and truck drivers fall under the purview of the Motor Carriers Act. 8 9.

When To Hire a Lawyer Regarding the FLSA

Any lawyer that deals in FLSA violations are going to take this extremely seriously, and the lawyers at Cohen & Cohen, P.C. realize this too and can help you to determine if you have been a victim of violations in regards to the Fair Labor Standards Act.

What Is a Wage and Hour Violation?

Wage and hour violations occur when your employer does not pay for all of the work you performed and this can happen in a number of ways. There’s quite a few ways your employer can violate the Fair Labor Standards Act, and we’ll give you a little list so you can get an idea of things to keep an eye out for. This list is not exhaustive.

What is the purpose of labor laws?

The main purpose of labor laws is to protect the employment rights of workers. Labor laws also create processes and governmental departments that are instrumental in investigation employment-related disputes. In its early stages, labor law mostly addressed the regulation and banning of child labor especially in connection with certain industries.

What is the difference between labor and employment law?

However, one major difference between the two is that labor law tends to deal with the rights of groups of people (such as with labor unions), while employment law often deals with individual rights and conflicts. There is much overlap between the two areas of law. Labor laws cover a wide range of issues, including those related to discrimination, ...

What to report if you have been affected by illegal labor practices?

If you believe that you have been affected by any illegal labor practices, or if you observe them happening in your workplace, you may want to report the unfair labor practices to the relevant agency or administration.

What is discrimination law?

The law investigates claims where an employer has discriminated against an employee (or potential employee) on the basis of their race, sex, age, nationality, religion, and other factors.

What is the purpose of the Labor Management Reporting and Disclosure Act of 1959?

Labor-Management Reporting and Disclosure Act of 1959 (LMRDA): This act was developed in order to create measures which stop improper coordination or collusion between employers and labor union officials. It also requires various disclosures and transparency with regard to financial transactions of unions.

Do labor laws cover conflicts?

Labor laws cover a very wide range of conflicts and disputes, and can sometimes be complex. It may be in your best interests to hire a labor lawyer in your area if you are involved in a labor dispute or conflict. Your attorney can research the laws to determine which acts or statutes are applicable to your case.

What is the Fair Labor Standards Act?

Wages and the Fair Labor Standards Act. The Fair Labor Standards Act (FLSA) establish es minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

What is child labor?

Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. On June 21, 2021, the Department announced a rulemaking titled, “ Tip Regulations Under the Fair Labor Standards Act (FLSA); Dual Jobs, ...

How many hours does FLSA pay overtime?

FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.

What is the FLSA section 14?

The Section 14 (c) Advisor helps users understand the special minimum wage requirements for workers with disabilities.

Does FLSA require overtime?

The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. Hours Worked (PDF): Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act requires employers to follow certain guidelines with regard to the minimum wage an employee must receive, as well as the minimum amount employers must pay for overtime hours. Under this act:

Do women get equal pay?

Under this law, women are entitled to equal pay for substantially equal work – and not just wages or salary, but also overtime, bonuses, stock options and other forms of compensation.

Can employers give preference to workers over 40?

Under the Age Discrimination in Employment Act, employers cannot give preferential treatment to workers under the age of 40 to the detriment of workers who are over the age of 40. This act applies only to employers who employ 20 or more individuals.

Can an employer discriminate against a prospective employee?

Under this law, employers cannot discriminate against prospective employees on the basis of national origin, sex, religion, color or race. This law applies to employers with at least 15 employees and prohibits retaliation, harassment by supervisors or by coworkers if it affects terms or conditions of employment, and discrimination in, hiring, compensation, promotion termination or other terms and conditions of employment.

What is the Department of Labor's Wage and Hour Division?

The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These include the Fair labor Standards Act (FLSA). These laws govern:

What are the laws that the EEOC enforces?

Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) ...

What is the minimum wage?

The federal minimum wage is the lowest legal hourly pay for many workers. Tipped employees may have a different wage. The minimum wage is $7.25 per hour for covered nonexempt employees . Many states and cities also have minimum wage laws. Where federal and state laws have different rates, the higher wage applies.

What to do if you get hurt working for a private company?

If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.

What is workers comp?

Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that employers pay for. These laws vary from state to state and for federal employees.

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

What are the protections included in the law?

These laws protect employees and job applicants against: Discrimination, harassment, and unfair treatment in the workplace by anyone because of: Race. Color. Religion. Sex (including gender identity, transgender status, and sexual orientation) Pregnancy. National origin.

What Is The Fair Labor Standards Act (FLSA)?

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Violations of The Fair Labor Standards Act

History of The Fair Labor Standards Act