According to the American Bar Association, the number of claims filed against employers for violations under the Fair Labor Standards Act (FLSA) is on the rise. The number of FLSA claims filed in the first nine months of 2010 was 13% higher than for the comparable period in 2009. According to the Bureau of National Affairs, from April 1, 2011 through March 31, 2012, a record number of FLSA claims, over 7 thousand, were filed.
The FLSA covers full-time and part-time workers who work for a school or preschool, a hospital or a business that provides medical or nursing care for residents, the federal, state, and local governments, or a private business that has two or more employees and annual sales or does business of at least $500,000. FLSA covered workers are required to be paid the higher of the national minimum wage established by the US Congress, or the state’s own minimum wage. Service workers who receive tips can be paid a lower minimum wage.
Employers must pay overtime pay to FLSA workers who work more than 40 hours per week. Overtime pay is calculated at a rate of at least time and half of their regular rate. For example, if a worker is paid a minimum wage of $8.00 per hour, and works 45 hours in one week, the five hours of overtime pay are paid at a wage rate of $12.00 (1.5 x $8.00) for a total of $60.00 of overtime pay. Workers required to work on a Saturday, Sunday, or holidays do not qualify for overtime pay, as long as this schedule does not push a worker over the limit of 40 hours of work per week.
Employers with FLSA workers are required to keep records that contain at least the following:
• Employee’s full name and social security number.
• Address, including zip code.
• Birth date, if younger than 19.
• Sex and occupation.
• Time and day of week when employee’s workweek begins.
• Hours worked each day.
• Total hours worked each workweek.
• Basis on which employee’s wages are paid (i.e., amount per hour, amount per week, amount per item produced)
• Regular hourly pay rate.
• Total daily or weekly straight-time earnings.
• Total overtime earnings for the workweek.
• All additions to or deductions from the employee’s wages.
• Total wages paid each pay period.
• Date of payment and the pay period covered by the payment.
The Las Vegas law office of Lagomarsino Law did not represent anyone involved in any cases that may be referenced above. This commentary is for educational purposes. If you would like to be represented by an attorney in our Las Vegas office, contact our office for a free confidential case review and receive a response within 24 hours. Call Toll Free 866-414-0400.