Assumption Parish FLSA Lawyer
The state of Louisiana has no specific laws governing wages and overtime matters, so the Fair Labor Standards Acts of 1938 (FLSA) applies to employees who work in Assumption Parish and who are not exempt under the terms of the Act. The FLSA is the federal law that sets standards for minimum wage, overtime, recordkeeping and youth employment, and is enforced by the Wage and Hour Division (WHD) of the U.S. Department of Labor.
If an employer in Assumption Parish, fails to pay you minimum wage or full overtime, you might be entitled to recover what you believe you are owed by filing a claim under the FLSA. An Assumption Parish FLSA lawyer could determine whether you qualify for relief under the Act, and if so, how to proceed with your case. Contact an experienced injury attorney today to get started on your claim.
FLSA Requirements
Some of the primary requirements applicable to employees who are covered and not exempt under the FLSA are as follows:
- Employers must pay employees the federal minimum wage, or any local minimum wage that is higher
- Employers must display in the workplace the official government poster, Employee Rights Under the Fair Labor Standards Act, which sets forth basic standards under the FLSA
- Employers must keep employee time and pay records
- Employers must pay to an employee overtime in the amount of one and a half times their regular rate of pay for every hour they work in excess of 40 hours in a given work week
- Employers who employee minors must abide by special regulations set forth by the Department of Labor
- Employers must provide to employees who are nursing mothers a reasonable break time for expressing breast milk, but otherwise, the FLSA does not mandate employee breaks
Who is Covered by the FLSA?
There are two basic categories for employees who are not exempt and are covered under the FLSA. Those who work for companies or organizations have enterprise coverage if the enterprise employs at least two people and conducts at least $500,000 in businesses annually. The enterprise category also includes hospitals, businesses providing medical or nursing care for residents, schools, and government agencies.
Employees are protected under the individual coverage category of the FLSA if their work regularly involves interstate commerce. For more information about who is covered under the FLSA, call an accomplished Assumption Parish FLSA lawyer.
Exemptions for FLSA
Section 13 of the FLSA exempts certain categories of employees from coverage by either or both the minimum wage and overtime requirements of the Act. The law sets forth requirements that must be met regarding an employee’s job duties in order to qualify for an exemption. Also, the employee’s salary must be a minimum of $913 weekly, regardless of job titles.
Exempt types of employees include those with executive or administrative duties, those with learned and creative duties or skills (i.e. professional employees), those who work primarily with computers, and outsides sales representatives. These exemptions generally apply to positions regarded as white-collar jobs, but not to blue-collar jobs that involve repetitive operations using hands, physical skill, and energy.
What Relief is Available to Assumption Parish Residents Under the FLSA?
A plaintiff’s claim under the FLSA should provide information showing that their employer did not pay them the required federal minimum wage or overtime due. Employees who file a claim under the FLSA may be able to recover unpaid minimum wages, unpaid overtime compensation, and liquidated damages. An Assumption Parish FLSA attorney could help an individual file a claim to recover damages.
Speak with an Assumption Parish FLSA Attorney Today
The Fair Labor Standards Act is a complex body of law, with numerous coverage exemptions and distinctions in job descriptions. Your employer could dispute your claim, leaving complicated legal issues to be resolved, and detailed investigation of your case could be needed. On top of all that, the FLSA also has a two-year statute of limitations for filing a claim.
It is best to leave the legal challenges of an FLSA claim to a skilled lawyer who has experience in various aspects of employment law. Call an Assumption Parish FLSA lawyer today to start working to ensure that you are paid what you earned.