The Fair Labor Standards Act exists to protect workers and ensure that they are treated fairly. The FLSA contains general guidelines regarding:
- Minimum wage
- Child labor
- Overtime pay
Workers who work under a specific status are entitled to the rights included in the FLSA. If an employer fails to provide adequate compensation and a safe work environment, employees may have grounds to file a lawsuit. However, if an employee is hired under a different status, they may not be entitled to these rights.
Exempt vs. Nonexempt
There are two primary employment statuses in the FLSA: exempt and nonexempt. The main difference is compensation. Exempt employees are paid with a salary instead of per hour worked. In other words, salaried employees make a set amount of money per year regardless of hours worked. In addition to being paid salary, exempt workers cannot receive and are not entitled to overtime pay.
Nonexempt employees on the other hand, are entitled to overtime due to the fact that they are compensated hourly. These workers also have protection under the FLSA in terms of work conditions and minimum wage. Hourly employees must be paid according to minimum wage standards.
Legal Options
If you are an employee, you have rights guaranteed under federal law. When an employer fails to provide safe conditions, or willfully endangers you and your coworkers, there may be legal grounds to file a lawsuit.
Contact Wax & Wax, A Law Corporation for more information.
