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4 Common Ways Employers Violate the Fair Labor Standards Act (FLSA)

Posted by B&F System Admin | Aug 20, 2015

The FLSA is a federal law governing some fundamental workers' rights, including the right to minimum wage and the right to overtime pay (among other things).

Although many employers are diligent about complying with this law, those who are not may be cheating workers out of the income they have earned. To help you understand more about your rights under the FLSA, below, we've pointed out some of the most common ways that employers violate this law.

Has Your Employer Committed Any of these FLSA Violations?

  1. Claiming that salaried workers are exempt from overtime pay – It's a common misconception that salaried workers are not entitled to overtime pay. The fact, however, is that any non-exempt employee of a company can earn overtime pay – even if (s)he is salaried – as long as that employee works more than 40 hours in a given work week (or in a given, regularly recurring 168-hour period). Additionally, the FLSA stipulates that overtime rates must be at least one and one-half times a worker's regular pay rate.
  2. Claiming that overtime worked is “volunteered” by employees – The FLSA does NOT recognize “volunteered” work time or “off-the-clock” work. If an employee is working, the law states that (s)he should be paid for that work. Trying to get out of paying overtime via this route can set employers up for lawsuits because this is a straight violation of the FLSA.
  3. Claiming that an employee has signed a contract relinquishing the right to overtime pay – Any contract or documents that employers have employees sign relinquishing their rights to minimum wage and/or overtime are not enforceable (and, in fact, are generally unconscionable). So, when employers try to allege that overtime isn't owed because an employee specifically gave up the right to this type of pay, don't buy it. And don't sign anything an employer may be trying to use to get out of paying you the wages you deserve under federal law.
  4. Misclassifying employees as contractors to avoid having to pay them overtime – Worker misclassification is a big issue these days, as misclassifying workers as independent contractors, rather than employees, can be a tricky way for employers to try to get out of paying them overtime, providing them with benefits, etc. While independent contractors are not typically entitled to overtime, most people in the U.S. are employees and are not independent contractors, as the U.S. Department of Labor has recently pointed out.

Contact the Atlanta Employment Lawyers at the Law Firm of Barrett & Farahany, LLP

If your believe that your employer has violated any of your rights as a worker, contact the experienced Atlanta employment lawyers at the Law Firm of Barrett & Farahany, LLP, LLP for aggressive legal advocacy moving forward.

To learn more about our services and how we can assist you, contact us today by calling (404) 238-7299 or by emailing us using the contact form at the bottom of this screen.

From our offices based in Atlanta, our trusted attorneys provide superior representation and legal service to people throughout Georgia, including those in Decatur, Scottdale, Clarkston, Avondale Estates, Pine Lake, Stone Mountain, Tucker, Smyrna, Conley, Marietta, Mableton, Forest Park, Ellenwood, Red Oak, Austell, Lithia Springs, Morrow, Lithonia, Rex, Riverdale, Clayton County, Cobb County, Dekalb County and Douglas County.

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When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.