Federal laws dictate specific rules regarding how employers are to compensate workers for their labor. Understanding your rights under these laws can be integral to knowing when an employer has cheated you out of income and, consequently, when it is time to consult a lawyer and pursue legal action.
To facilitate a better understand of these laws, below, we have answered some commonly asked questions about wage and hour issues. If you have questions not answered herein or need professional advice regarding your situation, don't hesitate to contact an Atlanta employment lawyer at Barrett & Farahany, LLP, LLP.
Important Info about the Fair Labor Standards Act (FLSA) for Workers
Q – Does my employer owe me extra pay for working nights and/or weekends?
A – Not necessarily. While you may have a specific agreement with your employer regarding extra pay for labor performed over nights and weekends, the FLSA only dictates that additional compensation be provided to nonexempt, covered workers who perform more than 40 hours of work in a given workweek.
So, if your 41st hour of work occurs over an evening or weekend, then yes, you will likely be due overtime pay to the tune of one and one-half times your standard rate of pay.
Q – Are there laws regarding how often employers have to give workers raises?
A – No, the FLSA does not cover raises. It only requires that employers pay workers at least the federal minimum wage (unless the state has set a higher minimum wage, in which case the higher minimum wage should be paid).
Q – What about payment for vacation and/or sick time?
A – Again, no, payment for vacation and/or sick time is a matter of agreement between employers and employees. The FLSA only covers compensation for hours that a worker has performed labor.
Q – How many hours do I have to work before my overtime pay kicks in?
A – As noted above, federal laws stipulate that overtime pay should be paid for all work that exceeds 40 hours within a standard work week.
It's also important to point out that:
- There are some exceptions for law enforcement officials, fire fighters, hospital workers and employees of nursing homes.
- Overtime waivers that employers have workers sign will not alleviate employers of their obligation to pay overtime. In other words, workers still have the right to overtime pay regardless of whether they may have signed some waiver saying they won't take or ask for this pay.
Q – Are there legal limits regarding how many hours an employee can work in a given day or week?
A – Federal laws do not place limits on the amount of work someone who is 16 or older can perform in a given week. The laws regarding wages and hours are focused, instead, on setting standards for how workers are to be compensated for their labor.
Contact an Atlanta Employment Lawyer at the Law Firm of Barrett & Farahany, LLP, LLP
If your employer has failed to properly compensate you for your work – or if any employer has violated any of your rights as a worker, you can turn to an experienced Atlanta employment lawyer at the Law Firm of Barrett & Farahany, LLP for aggressive legal advocacy and the highest quality legal services.
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.