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Fair Labor Standards Act

Orange County Employment Lawyers The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is the federal statute that regulates wage and hour requirements nationwide. The FLSA establishes a federal minimum wage as well as includes provisions regarding overtime pay and what employees are entitled to for differing hours. The Act also sets out what penalties an employer faces if it violates those provisions. If you believe your rights as an employee have been violated and you were denied wages owed to you, an Orange County FLSA attorney at the Serendib Law Firm can help you take proper legal action. Both federal and California state laws protect workers and establish standards to make sure they receive adequate pay. When an employer violates those laws, they must be held accountable. If you have questions about your rights as an employee, please contact our office to speak with an attorney today.

The Fair Labor Standards Act

The FLSA has provisions that set the mandatory minimum wage as well as overtime pay requirements, equal pay, and child labor laws that apply to every state. Under the FLSA, employers are prohibited from lowering an employee’s compensation below the minimums established. California has its own minimum wage and overtime laws as well, set out in the California Labor Code. Under the FLSA, unless an employee is exempt, they must be paid 1.5 times their regular rate of pay for any hours worked above 40 in a workweek. If you believe you were denied overtime pay, a knowledgeable FLSA attorney in Orange County can help you determine what you are owed and how to proceed in receiving those wages under the law.

Under the FLSA, there is not a federal limit on how many hours employees 16 or older can work in a workweek. However, employers are required to follow whichever, state or federal, law is more generous to employees. More often than not, California has the more generous wage and hour laws. California law requires overtime pay for employees who work over 40 hours in a workweek. Another example of the stricter state law is, under the California Labor Code, employers must reimburse employees for all work-related business expenses, a provision not found in the FLSA. The Fair Labor Standards Act requires employers to compensate employees for any work done, even if it is done after hours normal shift or business hours. This means if an employee stays late to finish a task, even without being told to do so, that time is still subject to payment. If you’ve worked hours you haven’t been paid for, consulting an Orange County FLSA lawyer is important to ensuring your employment rights are protected.

For some jobs ‘on duty waiting time’ also must be factored into an analyzed for wage calculations. These circumstances hinge on whether or not an employee is waiting for work to do, and thereby ‘engaged wait.’ For instance, a receptionist reading in between incoming phone calls or a truck driver waiting for their vehicle to be loaded or unloaded are both on duty and entitled to compensation during that time. Breaks of at least 20 minutes are also paid as hours worked pursuant to the FLSA.  However, meal periods of at least 30 minutes whereby no duties are expected to be performed are not considered work time subject to payment. Employees must file legal action under the Fair Labor Standards Act within two years of the violations of their rights. However, this statute of limitations is extended to three years where an employer’s actions were willful.

Southern California FLSA Attorneys

Although many cases fall under the more generous California labor laws, there are instances where an employee has been denied compensation for worked hours covered by the Fair Labor Standards Act. Orange County FLSA lawyers at the Serendib Law Firm assist employees in standing up for their rights and recovering the compensation they are entitled to. Our firm offers dedicated and zealous legal representation for clients across Southern California including Los Angeles, San Bernardino, and Riverside Counties. If you have concerns regarding FLSA violations at your workplace, please contact our office at 1-800-LAW-8225 (800-529-8825) or online today.

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"Integrity, competency, and compassion! Dimuth Amaratunga has represented me and counseled me in several matters over the last several years, and each time, I have benefited tremendously from his knowledge, his wisdom and his empathy. He is without a doubt an authority in employment law and personal injury. But most importantly, he has compassion and truly focused on getting the best result for his clients. I am a practicing attorney and I wholeheartedly recommend him and his firm!" David J.