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The basic goal of the Fair Labor Standards Act (FLSA) is to safeguard the rights of the employees in a majority of the private and public employment settings. This they try to accomplish by prescribing the basic minimum wage and overtime pay. The employees who are not exempt are to be paid the federal minimum wages and overtime pay of one-and-one-half-times the regular rate of pay by the employers. The Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor governs this act. Below are a few questions that have been answered regarding this: Q. Does FLSA apply only to public entities with 50 or more employees?
All public agencies fall under the purview of the Fair Labor Standards Act. The Family Medical Leave Act (FMLA) applies to all organizations or governmental entities with 50 or more employees. Q. Provide details of laws regarding salary payment under FLSA and under FMLA?
As per the FLSA (Fair Labor Standards Act), the employee is entitled to receive payment for the actual time worked. It is not required that the employer pay the employee if he/she does not turn up to work. (If there is a contract or policy to the contrary, then the contract would allow the employees to have paid time off).
As per the FMLA (Family Medical Leave Act), an employee should be given time off to treat a medical condition. However, it is not required that this employee is paid for time off from work. Q. Can an employee be terminated if under the FLSA he/she denies working overtime?
One may be eligible to file a FLSA retaliation claim. It is not possible for an employee to be terminated just because he/she asserted his/her rights under FLSA. One may file a claim with the Equal Employment Opportunity Commission (EEOC) for discriminatory practices (e.g., race-based termination) if terminated. However, one would need to provide proof to substantiate the claim. This claim may be filed in any state, but in one’s best interest; it should be filed in the state where the employment was terminated. Else, one might be faced with a change of venue or forum non-convenience motion.
Along with actual and punitive damages, a retaliation claim under the FLSA allows for court costs and reasonable attorney fees. Therefore, it is advisable to first consult a lawyer who handles employment law claims and request for a free initial consultation. This will help one in understanding the rights, obligations, success rate and the way the courts are handling similar issues. Q. If an employee is a low-income wage earner, what is the law regarding payroll deduction of employee insurance benefits after a cut-off point?
The provision under FLSA, in part, is as follows:
Only an express or implied contract addressing deductions would authorize an employer to make any deductions that reduce earnings below the regular rate for the straight time hours.
The minimum amount that must be paid “free and clear” for the straight time hours may never be less than the highest applicable statutory minimum wage (“¼ all the straight time compensation due, ¼ for the non-overtime hours, ¼ under any applicable statute,” (29 CFR §778.315)).
Finally, as noted above, 29 CFR §531.37(a) authorizes only “bona fide deductions” that “are made for particular items in accordance with the agreement or understanding of the parties,” and declares manipulations that evade statutory overtime requirements to be illegal. Laws vary from one state to the other and they may be more protective. However, this would depend on which state the employee resides in. Also, one cannot say that this is the minimum as it depends on the number of hours worked by the employee. Assuming that the rate is 8 dollars per hour for 40 hours a week, then the total wages earned would be 320.00 dollars. The minimum wages an employee would earn would be a fourth of the 320.00 dollars (that would be 80 dollars). However, if the work time is only half of this; then the employee will be eligible for only 40.00 dollars.
It is very important to know one’s rights under the FLSA. Thereby, if and when a person’s rights are breached; a complaint may be filed at the local Wage and Hour Division office. An employee may file a private suit, generally for the previous two years of back pay (three years in the case of a willful violation) and an equal amount as liquidated damages, plus attorney fees and court costs.
Q. As per the FLSA what are the employee rights for taking leave from work?
Leaves are not governed by the FLSA, only the amount of work is regulated. An employee can avail 12 weeks of unpaid leave in the event that he/she has to take care of a family member or due to a medical condition. As per the Family Medical Leave Act (FMLA) an "eligible employee" may avail a total of 12 work weeks of unpaid leave during any 12-month period for child birth and care, for the placement of a child for adoption or foster care, to care for a spouse or an immediate family member with a serious health condition, or when he or she is unable to work because of a serious health condition. Employers who fall under the purview of the law should continue any pre-existing group health coverage during the leave period and, once the employee is back from leave, he/she should be put back in the same or an equivalent job with equivalent employment benefits, pay, and other terms and conditions of employment. An employer should not terminate or discriminate against an employee just because he/she filed a complaint or participated in a legal proceeding under the act. If the employer does so, then the employer would have breached the FLSA. You may speak with an employment lawyer for more information on the FLSA.
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