Our ERISA lawyer handles cases involving various employment issues, including ERISA health plan, benefit and pension plan disputes. One of the most significant employment laws is the Fair Labor Standards Act. This law has implications on wages, ERISA health plan options and other aspects of the employment relationship because the amount of pay a person receives usually directly corresponds to his or her retirement.
Our ERISA lawyer can explain that the Fair Labor Standards Act establishes classifications of workers, including exempt and non-exempt workers. It also establishes the minimum wage for non-exempt workers. Additionally, it establishes that overtime pay must be at least 1.5 times more than the normal hourly rate. Overtime pay is due when a worker works more than 40 hours in a workweek.
An ERISA lawyer can explain that the federal minimum wage was set at $7.25 per hour in 2009. This rate may be increased by the federal government at its discretion. This provision is included in the Fair Labor Standards Act. However, states and local areas can impose minimum wage laws that provide a higher wage than the federal wage. If the state or local figure is higher, this amount must be used.
Covered employees are entitled to overtime pay if they work more than 40 hours per workweek. Additionally, this rule applies to covered employees who work in a fixed and recurring period of 168 hours within seven consecutive days. There is not a maximum limit on overtime hours for employees age 16 or older. Overtime pay is not mandatory simply because the employee works on the weekend, on a holiday or any other particular day unless the conditions discussed above are met. Violations If an employer violates the rules of FLSA, an ERISA lawyer or other employment lawyers may be consulted for advice. These lawyers represent employees who have been overworked or under-compensated. They file a complaint against employers who violate federal laws such as FLSA or Erisa laws. Employees who win such lawsuits are often able to recover lost wages that they were wrongfully denied by their employer. They may also be able to obtain additional damages for any injuries that they suffered and statutory damages that are specifically provided by law.