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Understanding wage and hour laws can be tricky for both employees and employers. Violations can lead to hefty penalties, so having proper legal guidance is crucial. This comprehensive guide covers key aspects of federal and state wage and hour regulations and explains when and why hiring an employment law attorney can help protect your rights.

The Fair Labor Standards Act: Your Rights as an Employee

The federal Fair Labor Standards Act (FLSA) sets the baseline for wages and hours across the United States. Here are some key employee rights guaranteed under the FLSA:

• Minimum Wage: The federal minimum wage is currently $7.25 per hour. Employees covered under the FLSA must be paid at least this amount for every hour worked. 
• Overtime Pay: Most employees covered by the FLSA must receive 1.5 times their regular pay rate for any hours worked over 40 in a workweek. 
• Child Labor Regulations: The FLSA sets limits on hours and types of work for employees under 18 years old. 
• Recordkeeping Requirements: Employers must keep accurate time and pay records for covered employees.
  

However, states can choose to enact higher standards than the FLSA. When state and federal laws conflict, the law more favorable to the employee typically applies.

Decoding Your Pay Structure: Hourly, Salary, and Beyond

Employers use different pay structures to compensate employees. Common examples include:

• Hourly wage: Employees are paid a set dollar amount for each hour worked. Total pay depends on actual hours. 
• Salary: Employees receive a consistent predetermined amount each pay period, regardless of hours worked. 
• Commission: Pay is based on a percentage of sales or deals closed. 
• Piece rate: Employees are paid per task, project, or unit produced.
  

No matter the pay structure, employers must ensure compensation meets or exceeds the applicable minimum wage when averaged over the pay period. Tips and commission can offset hourly pay, but only under strict FLSA rules that a wage and hour attorney in Los Angeles can explain.

Your Right to Paid Time Off

The FLSA itself does not require paid vacation, sick days, or holidays. But state laws often provide such rights. For example:

• Over ten states mandate paid sick leave accrual for most employees. 
• Many states require paid meal and rest breaks for shifts over a certain length. 
• Some local laws require employers to offer a set number of paid vacation and personal days per year.
  

If you receive paid time off, understand how your rights are affected if your employment ends. Some states require a payout for unused paid leave upon termination.

Tips, Service Charges, and Commissions

Tipped employees can be paid below minimum wage under the FLSA, with tips making up the difference. However, if the combination of tips plus the lower direct wage doesn’t meet the minimum wage for all hours worked, the employer must cover the gap.

With commissions, the details matter. For example, if a salesperson doesn’t earn enough commission in a particular week to meet minimum wage standards based on hours worked, the employer must provide a pay bump to comply with the law.

Equal Pay for Equal Work Under the Law

The Equal Pay Act amended the FLSA in 1963. It prohibits pay discrimination based on gender for similar jobs requiring equal skill, effort, and responsibility performed at the same establishment.

Some states have expanded equal pay protections beyond gender. For example, laws may also ban pay discrimination based on race, ethnicity, age, disability, or other protected classes.

If you perform similar work to colleagues from different demographics, watch for unlawful pay gaps. Track your hours, sales, and pay carefully if you suspect discrimination.

Overtime Pay Requirements and Exemptions

Under the FLSA, most hourly and salaried non-exempt employees are entitled to 1.5 times their regular pay rates for hours worked beyond 40 in a week.

However, certain professional, executive, and administrative employees are exempt from overtime pay requirements. Doctors, lawyers, and high-level managers are often exempt, for example.

Some computer professionals are also overtime exempt under FLSA rules. Certain commissioned sales roles may be exempt as well. Exemptions are complicated, so consult an attorney if your classification is unclear.

Data from the U.S. Department of Labor shows that the number of workers exempt from overtime pay has steadily increased over the past 40 years, more than quadrupling from just 3.5 million exempt workers in 1975 to over 15 million in 2015.

When Is Hiring a Wage and Hour Law Attorney Worthwhile?

Violations of wage and hour laws can lead to back pay awards, damages, and penalties against employers. Hiring legal counsel experienced in employment law can help protect your rights in various situations, such as:

• You performed unpaid off-the-clock work or worked through meals and breaks. 
• You regularly worked over 40 hours but did not receive proper overtime pay. 
• Your employer misclassified you as an overtime-exempt employee. 
• You think you experienced discriminatory pay practices. 
• You did not receive your final paycheck or paid time off payout after termination. 
• Your employer failed to provide proper pay stubs documenting hours and earnings.
  

Frequently Asked Questions

What are some typical violations wage and hour lawyers see?

Common issues include unpaid overtime, misclassifying employees as exempt to avoid paying overtime, forcing employees to work off the clock, failing to pay for all hours worked, and denying proper breaks.

What damages can I recover through a wage claim or lawsuit?

You can potentially recover any unpaid wages, overtime, or benefits owed. You may also receive additional money in liquidated damages, penalty payments, interest, and compensation for retaliation, if applicable.

Can I afford a lawyer to help with my wage and hour case?

Many employment attorneys work on a contingency fee basis, meaning you pay nothing upfront. The attorney receives a percentage of your final recovery. Initial consultations are often free.

What proof do I need to show wage law violations occurred?

Pay stubs, time cards, schedules, recorded hours, emails, and testimony can all help prove your hours worked and pay received. The more written evidence, the better.

Conclusion

Hiring an experienced employment law attorney can make all the difference in recovering the wages you earn. Protect your rights under state and federal labor laws. Choose an attorney well-versed in federal and your state’s wage and hour laws. They can review your situation, explain your rights, and handle complaints and lawsuits on your behalf if warranted. With an attorney’s help, you can gain the pay and justice you deserve.