Lafourche Parish FLSA Lawyer
The Fair Labor Standards Act (FLSA) is a large body of law with many requirements, exceptions and exemptions that mandates certain minimum standards for employee compensation, benefits, and time off. If your employer owes you overtime or has paid you less than the minimum wage, you can file a claim with a dedicated injury attorney to recover those losses under the FLSA. Call a Lafourche Parish FLSA lawyer to discuss your case so that you can pursue recovery of the money that you need.
What Obligations are Set Forth by the FLSA?
The FLSA sets forth employer obligations to employees who are covered under the FLSA and not exempt. For instance, employers must pay their employees at least the federal minimum wage of $7.25 per hour and compensate employees for overtime with one and a half times their regular rate of pay for every hour over 40 worked in a single week. Furthermore, employers must display the official government poster, Employee Rights Under the Fair Labor Standards Act, which sets forth these and other basic FLSA standards, prominently in their workplace.
Filing an FLSA Claim in Lafourche Parish
A Lafourche Parish FLSA lawyer can help you to file a claim with the Wage and Hour Division (WHD) of the U.S. Department of Labor, which enforces the FLSA. An attorney experienced in employment matters in Lafourche Parish can be an employee’s best asset in preparing a FLSA case, as omissions and mistakes in a claim can result in the employee not receiving the recovery deserved.
Covered Employees
Employees who work for companies or organizations have enterprise coverage under the FLSA if their employer has at least two employees and annual sales of at least $500,000. The enterprise category also includes hospitals, businesses providing medical or nursing care for residents, schools, and government agencies. In addition, employees are covered under the FLSA for individual coverage if they work regularly in interstate commerce, produce goods that go out of state, travel out of state for business, or in other ways work beyond state borders.
What are the FLSA Exemptions?
The FLSA exempts from its minimum wage and overtime requirements executive, administrative, and professional employees (EAP). To qualify for the EAP exemption, an employee must meet certain requirements in terms of their job duties, and the employee’s weekly salary must be at a minimum threshold, which can periodically be raised.
In addition, computer employees and outside sales employees have exempted categories. All these exemptions apply to positions regarded as white collar, but not to so-called blue collar jobs involving repetitive operations requiring manual labor and skills. Speak with a Lafourche Parish FLSA lawyer for more information.
Relationship between an Employee and Employer
To obtain coverage under the FLSA, a worker in must meet the Act’s definition of the term employee relative to their employer. The six factors that determine whether such a relationship exists include:
- The worker’s initiative and skill showing independent business judgment
- The nature and degree of control that the employer exercises over the employee’s work
- The degree to which the work performed is integral to the employer’s business
- Whether the worker exercises managerial skills that impact the worker’s opportunity for both profit and loss
- The permanency of the worker’s relationship with the employer
- The degree to which both the employee and employer invest in facilities and equipment, indicating whether they share the risk of loss in business
Talk to a Lafourche Parish FLSA Attorney Today
An FLSA case investigation is a complicated process, and you may need a skilled attorney to help review all evidence and determine your employment covered under the FLSA. Employees who file a claim under the FLSA may be able to recover unpaid minimum wages, unpaid overtime compensation, and other possible sums. Contact a Lafourche Parish FLSA lawyer today to discuss your case and see what a seasoned attorney can do for you.