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Home › Practice Areas › Employment Law › Wage and Hour

Wage and Hour

wages-hours

If you’re not being paid the wages you deserve, including overtime, your employer is breaking the law.


What is the Fair Labor Standards Act? (FLSA)

The federal Fair Labor Standards Act (FLSA), which covers some 130 million workers in the United States, provides workers with two rights that most people take for granted. These are the right to a minimum wage and the right to “time and a half” for working overtime, which usually means more than 40 hours a week. Many states have their own laws that are similar to the FLSA.


Not Paying Workers Minimum Wage & Overtime Is Illegal

If your employer is not paying you the minimum wage, or is not paying for overtime at “time and a half,” the company may be violating the law, in which case you have the right to legal action to get paid fairly. Under some circumstances, the FLSA and or state law might further penalize your employer by making the company pay you two or even three times the amount it denied you.

The FLSA does not apply to all employees. Certain managers, supervisors, professionals and employees who earn significant income from tips or commissions, and certain other employees may be exempt from the FLSA. State wage-and-hour laws vary in whom they cover and whom they don’t cover.

In addition to guaranteeing most workers a minimum wage and overtime pay, the FLSA and many state laws prohibit employers from firing, demoting, or otherwise retaliating against employees who complain about non-payment of required wages. The U.S. Supreme Court recently ruled that such complaints are protected whether the employee makes them in writing or orally.

Click here to learn more about legal protections under the FLSA.


Why Hire KMB For Your FLSA Case?

Katz, Marshall & Banks attorneys have extensive experience representing employees who have been underpaid, or who face retaliation for reporting underpayment of wages, and can help you determine if your employer has violated the FLSA or a similar state law.

If you are have been denied the wages to which you are entitled, or if you are facing retaliation for raising your concerns, contact the experienced attorneys at Katz, Marshall & Banks, LLP. Your communications with us are confidential, without charge, and without further obligation.

FLSA Publications

  • Whistleblowing, Sarbanes-Oxley, and Retaliation Claims
  • Retaliation A-Z: Legal Analysis and Practice Tip

FLSA in the News

  • KMB partner Debra Katz publishes the commentary “Are oral complaints to supervisors protected under wage-and-hour law?” in the National Law Journal’s Supreme Court Insider Blog
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