What Is the Los Angeles Fair Labor Standards Act (FLSA)?
Fair Labor Standards Act (FLSA) Violations in Los Angeles
The Fair Labor Standards Act (FLSA) is a federal law that provides rights for workers throughout the country. The FLSA establishes a federal minimum wage, overtime pay rate, recordkeeping requirements, and child labor protections. In addition to the FLSA, states may enact additional laws that provide further protections for workers.
At Levin & Nalbandyan, our employment lawyers are dedicated to protecting the rights of employees throughout Los Angeles. When an employer violates state or federal law, they must be held accountable. Our legal team has obtained millions of dollars in verdicts and settlements on behalf of our clients and will work tirelessly to get you the justice you deserve.
Did your employer violate the Fair Labor Standards Act? Contact our office at (219) 513-5614 for a free consultation.
Do All Employers Have to Adhere to the FLSA?
The Fair Labor Standards Act (FLSA) affects nearly all private and public employers. It applies to companies that have total annual sales of over $500,000 or those that engage in interstate commerce. Because the term has been broadly defined, the vast majority of employers in the United States engage in interstate commerce.
There are limited exceptions; however, it is important to consult with an employment lawyer if you suspect that your employer is violating the FLSA or other laws designed to protect workers. An employer in Los Angeles may be misclassifying employees as independent contractors or “exempt” when they should be afforded these protections.
Who Is Covered by the FLSA?
Most employees in Los Angeles and throughout California are covered by the FLSA; however, some employees may be exempt from specific standards of the act, including the minimum wage, overtime, or child labor aspects of the law. The court will often apply a salary and job duties test to determine whether the exemption should apply.
What Protections Are in the FLSA?
The FLSA sets forth standards for several worker protections. It is important to remember that an employer that has violated the FLSA may have also violated state laws that protect employees from unfair labor practices.
Protections outlined in the FLSA include:
Federal minimum wage – Currently, the federal minimum wage is $7.25; however, California’s minimum wage is currently $15.00 per hour for employers with 26 employees or more and $14.00 per hour for employers with 25 employees or less. California’s minimum wage is set to increase in 2023.
Overtime pay – Non-exempt employees who worked over 40 hours in a workweek are entitled to at least one and one-half (1 ½ x) times their regular pay rate.
Recordkeeping requirements – Detailed records are required to be kept by employers, including identifying information, hours worked each day, regular hourly pay rate, overtime earning, and more.
Child labor restrictions – The FLSA sets forth child labor laws designed to protect minors and prohibit “conditions detrimental to their health or well-being.”
It is essential to discuss your case with an attorney as early as possible. While there are limitations to the FLSA, a violation of your federal rights may result in damages. Depending on the circumstances of the case, you might be entitled to unpaid overtime compensation, liquidated damages, and more.
Did Your Employer Violate the FLSA? Contact Our Office.
If you suspect that your child violated the FLSA, contact our office at (219) 513-5614 for a free and confidential consultation. Let us help you fight to protect your rights, and for the compensation you are owed. Call now to get started.