In today’s dynamic job market, employees are more focused than ever on their rights and benefits, and one of the fundamental aspects of employment is fair compensation. Wage and hour laws play a crucial role in ensuring that workers receive the compensation they deserve for their hard work. In this blog post, we will provide an overview of wage and hour laws, shedding light on how they protect employees. This blog post is not intended to exhaustively cover every aspect of this area of the law; please consult an attorney to accurately determine your legal rights.

Understanding Wage and Hour Laws

Wage and hour laws are a set of statutes and regulations enacted at both federal and state levels to govern the payment of wages. These laws are designed to protect the rights of employees and ensure they are fairly compensated for their labor.

Key Components of Wage and Hour Laws

Minimum Wage

The minimum wage is the lowest hourly wage that an employer can legally pay an employee. The Fair Labor Standards Act (FLSA) sets a federal minimum wage for hourly employees of $7.25/ hour as of this writing.  Many states and cities have their own minimum wage rates, which are higher and provide further protection to employees. Employers must pay the highest applicable minimum wage. Special rules may apply to certain workers, such as tip earners and students.

Overtime Pay

Under the FLSA, hourly employees who work more than 40 hours in a workweek are generally entitled to overtime pay at a rate of one and a half times their regular hourly wage.  Some states require special compensation for work on holidays or Sundays. Some exemptions apply, but many workers are eligible for overtime pay.  Determining whether you are eligible for overtime is a complex question that an attorney can assist you in answering.

Salaried Workers

Only workers with certain job duties can be paid a salary, meaning they receive the same pay each pay period even when their hours vary.  These workers are called “exempt.” Exempt employees enjoy consistent pay but are not required to be paid overtime.  The FLSA requires salaried employees to be paid a minimum of $35,568 per year as of this writing; some states dictate higher minimums.

Recordkeeping

Employers are required to maintain accurate records of employees’ hours worked, wages earned, and other related information. This helps ensure that employees receive the proper compensation and benefits.

Timeliness of Wage Payments

Wage and hour laws dictate not only how much workers are paid, but also when they are paid.  The FSLA requires most workers to be paid either once or twice per month; states may have stricter deadlines and if employers do not comply, employers face significant liability.  These deadlines may apply to commissions, incentive pay, and earned PTO as well as hourly wages and salaries, depending on the state.

Child Labor Laws

These laws regulate the employment of minors, placing restrictions on the types of jobs they can perform, the number of hours they can work, and the times they can work. Child labor laws are designed to protect the well-being of young workers.

Equal Pay

The Federal Equal Pay Act and similar state laws require employers to pay male and female employees equally for performing substantially similar work. Discrimination based on gender is prohibited when it comes to compensation.

Breaks and Meal Periods

Many states have laws that mandate rest breaks and meal periods for employees during their shifts. These laws vary by state and often depend on the length of the workday.

Ensuring Fair Pay

To ensure fair pay for your work, it’s crucial to be aware of your rights and the applicable wage and hour laws. Here are some steps you can take:

Know Your Rights

Familiarize yourself with federal and state wage and hour laws that pertain to your job. Understand your entitlements regarding minimum wage, overtime pay, and any other relevant regulations.

Keep Accurate Records

Maintain a record of your hours worked, wages earned, and any overtime hours, as well as a list of your job duties and any documentation surrounding payment, such as an offer letter, employment contract, or commission plan. This will help you verify that you are being paid correctly and provide evidence in case of disputes.

Report Violations

If you suspect that your employer is not complying with wage and hour laws, consider reporting it internally and/or to the appropriate state labor department or attorney general’s office or the U.S. Department of Labor.  An attorney can help you understand the advantages and risks of reporting.  It is illegal for employers to retaliate against you for enforcing your rights under wage and hour laws..

Consult Legal Counsel

Greene and Hafer can provide guidance, assess your situation, and help you pursue legal action if necessary. Located in Boston, Massachusetts, Greene and Hafer represents people who have experienced wage and hour violations. Our attorneys have extensive experience in handling wage and hour violation cases. To schedule an appointment with an experienced lawyer, contact our office.