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Wage, Hour & FLSA Claims

At Fortson, Bentley and Griffin, we are prepared to answer your questions and provide guidance about wage and hours regulations impacting your business. When necessary, our attorneys are ready to litigate FLSA claims.

The Fair Labor Standards Act, “FLSA”, regulates the minimum wage, overtime pay, recordkeeping, and child labor standards affecting most full-time and part-time employees in the United States. Under the FLSA, covered, non-exempt employees must typically be compensated at a rate of at least $7.25 per hour. This rate has been in effect since July 24, 2009, and rate increases have been discussed by the current administration. Additionally, employees typically must be paid at least one-and-a-half times their normal base pay for all compensable hours over forty hours in any given workweek. Under the FLSA, there are also certain express exemptions that may allow employers to avoid minimum wage requirements, overtime requirements, or both.

Although the FLSA appears straightforward at first glance, its many nuances create potential pitfalls for unwary employers in practice. With little guidance from the Wage and Hour Division of the Department of Labor, the agency responsible for the enforcement of the FLSA, employers are responsible for determining which, if any, of their employees are not covered or exempt, calculating the compensable working hours, and ensuring that covered, non-exempt employees receive adequate compensation during the applicable pay periods.

Another area of the FLSA is the “Child Labor Provisions”, which involves the employment of minors. The general rule allows for the employment of children age sixteen (16) or older in any occupation that is not classified as a hazardous occupation. There are no hazardous occupation restrictions due to age in employees beyond age eighteen (18). Children ages fourteen (14) to sixteen (16) are allowed to work in certain occupations deemed acceptable by the Secretary of Labor under certain restrictions.

Some of the occupations that are immune from both minimum wage and maximum hour requirements include “white collar” occupations; seasonal amusement park employees, and fisherman. Some of the occupations that are immune from only the maximum hour requirements include: television and radio announcers; local delivery drivers paid by the trip; ditch and canal maintenance persons; movie theater employees, maple sugar processors; taxi drivers; and produce haulers.

If you are seeking experienced legal representation for a wage, hour, or FLSA matter, please contact us online or by telephone at 706-548-1151 to speak with one of our experienced employment law attorneys.

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