by I’ve Been Waiting for My Paycheck But…
Hey readers,
If you’ve been waiting for your paycheck but haven’t gotten it, you might be wondering if your employer has violated the Fair Labor Standards Act (FLSA). The FLSA sets forth specific requirements for when employees must be paid, and how much they must be paid. If your employer has violated the FLSA, you may be entitled to damages.
What is the FLSA?
The FLSA is a federal law that sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in federal, state, and local governments. The FLSA also requires employers to pay employees on a regular basis, such as weekly or biweekly.
What are the requirements for when employees must be paid?
The FLSA requires employers to pay employees on a regular basis, such as weekly or biweekly. The following are the specific requirements for when employees must be paid:
- Hourly employees: Hourly employees must be paid at least once a week.
- Salaried employees: Salaried employees must be paid at least once a month.
- Commission employees: Commission employees must be paid at least once a month.
- Piece-rate employees: Piece-rate employees must be paid at least once a week.
What are the requirements for how much employees must be paid?
The FLSA sets minimum wage and overtime pay requirements for employees. The following are the specific requirements for how much employees must be paid:
- Minimum wage: The minimum wage is the lowest hourly wage that employers are allowed to pay employees. The current federal minimum wage is $7.25 per hour. However, many states have their own minimum wage laws, which may be higher than the federal minimum wage.
- Overtime pay: Overtime pay is the additional pay that employers are required to pay employees who work more than 40 hours in a week. The overtime pay rate is 1.5 times the employee’s regular hourly rate.
What are the penalties for violating the FLSA?
Employers who violate the FLSA may be subject to civil penalties, including back pay, liquidated damages, and attorney’s fees. The following are the specific penalties for violating the FLSA:
- Back pay: Back pay is the amount of wages that an employer owes an employee for work that the employee performed but was not paid for.
- Liquidated damages: Liquidated damages are an additional amount of money that an employer may be required to pay an employee who has been the victim of a FLSA violation. Liquidated damages are equal to the amount of back pay that the employee is owed.
- Attorney’s fees: An employer who has violated the FLSA may be required to pay the employee’s attorney’s fees.
What should I do if my employer has violated the FLSA?
If you believe that your employer has violated the FLSA, you should contact an attorney who specializes in FLSA violations. An attorney can help you determine if you have a case and can help you get the compensation that you are entitled to.
Table: FLSA Requirements
| Requirement | Hourly Employees | Salaried Employees | Commission Employees | Piece-Rate Employees |
|---|---|---|---|---|
| Pay frequency | Weekly | Monthly | Monthly | Weekly |
| Minimum wage | $7.25 per hour (federal minimum) | Varies by state | Varies by state | Varies by state |
| Overtime pay | 1.5 times regular hourly rate for hours worked over 40 in a week | 1.5 times regular hourly rate for hours worked over 40 in a week | 1.5 times regular hourly rate for hours worked over 40 in a week | 1.5 times regular hourly rate for hours worked over 40 in a week |
Conclusion
If you have been the victim of a FLSA violation, you may be entitled to compensation. Contact an attorney today to learn more about your rights and to get the help that you need.
Check out these other articles:
- What is the FLSA?
- What are the requirements for when employees must be paid?
- What are the requirements for how much employees must be paid?
- What are the penalties for violating the FLSA?
- What should I do if my employer has violated the FLSA?
FAQ about Attorney who Helps People Whose Employee Violated Payday Law
What is payday law?
Payday law is a set of federal and state laws that regulate the payment of wages to employees. These laws generally require employers to pay employees on a regular basis and to provide employees with certain information about their wages.
What are some common payday law violations?
Some common payday law violations include:
- Failing to pay employees on time
- Failing to provide employees with a pay stub
- Failing to pay employees the correct amount of overtime
- Deducting unauthorized amounts from employees’ paychecks
What can I do if my employer has violated payday law?
If your employer has violated payday law, you have several options. You can file a complaint with the U.S. Department of Labor or with your state’s labor agency. You can also file a lawsuit against your employer.
How can an attorney help me if my employer has violated payday law?
An attorney can help you file a complaint or lawsuit, and can represent you in court. An attorney can also help you negotiate a settlement with your employer.
What are the benefits of hiring an attorney to help me with a payday law violation?
There are several benefits to hiring an attorney to help you with a payday law violation. An attorney can:
- Help you understand your rights and options
- Help you gather evidence of your employer’s violation
- Help you file a complaint or lawsuit
- Represent you in court
- Negotiate a settlement with your employer
How much does it cost to hire an attorney to help me with a payday law violation?
The cost of hiring an attorney will vary depending on the complexity of your case. However, many attorneys offer free consultations, so you can get an idea of the costs involved before hiring an attorney.
What should I look for when hiring an attorney to help me with a payday law violation?
When hiring an attorney to help you with a payday law violation, you should look for an attorney who:
- Has experience handling payday law cases
- Is familiar with the relevant laws
- Is compassionate and understanding
- Is affordable
How can I find an attorney to help me with a payday law violation?
You can find an attorney to help you with a payday law violation by asking for referrals from friends or family, searching online, or contacting your local bar association.
What are some resources that can help me learn more about payday law?
There are several resources that can help you learn more about payday law, including:
- The U.S. Department of Labor’s website: https://www.dol.gov/agencies/whd/workers
- Your state’s labor agency’s website
- Legal aid organizations
- Public libraries
