The Fair Labor Standards Act (FLSA) establishes regulations for minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector as well as in federal, state, and local governments.

Various other wage and hour regulations are set forth by the government, but the FLSA standards are the most commonly used. FLSA regulations cover such a breadth of employees in different situations, and also clearly define exemptions. While there are some other regulations set by the state and the federal governments, FLSA is the main set of standards that the federal government has in place that affects most employees in Clearwater.

If you believe that you have been taken advantage of by your employer and are owed compensation that you have earned, our Clearwater Fair Labor Standards Act lawyers can help guide you through the standards set forth by the FLSA and work toward securing the wages you have already worked hard for. Call today to schedule a consultation and discuss your case with an experienced lawyer in Clearwater. En Español.

FLSA and Clearwater Employees

The Fair Labor Standards Act affects employees in Clearwater similarly to how it affects employees throughout the nation. The Fair Labor Standards Act provides a mechanism of defense for employees who are being taken advantage of by their employers. Language within the FLSA allows for the employee to recover all earned wages, and when an employee retains a Fair Labor Standards Act lawyer upon realizing that they are being taken advantage of, the employer must pay all of the employee’s attorney’s fees and costs at the end of the case if they are successful.

Any monies or wages that have not been paid to the employee are liquidated, which means they are doubled. If an employee has $1,000 in unpaid wages based on overtime, unpaid overtime, or unpaid minimum wage that their employer kept from them, that $1,000 is doubled to $2,000. Additionally, all of the Clearwater FLSA attorney’s fees and costs are paid by the employer. It is very punitive to the employer when they try to take advantage of these lower level employees who are not exempt from FLSA.

Fair Labor Standards Act Pros

The Fair Labor Standards Act provides a safety net for employees who need help against employers and who may be taken advantage of by their employers. Employers often take advantage of an employee because he or she does not yet know or understand the rules; an employee might not know their value, or have an understanding of what they should be getting paid in different situations.

The FLSA provides a mechanism for employees to stand up to their employers when they might not otherwise be able to figure out how to fight back to the advantage being taken of them by their employers.

Fair Labor Exemptions

Some of the FLSA exemptions are unfair to many employees, especially certain kinds of outside sales employees or people who are incorrectly labeled as independent contractors, but are really not independent contractors at all. If the employer knows how to work the system and classify an employee in a certain way or have them do certain jobs just to make them exempt from these overtime and minimum wage laws, they can take advantage of the employee. The FLSA exemptions become unfair in these situations because those people can be taken advantage of and are led to believe they do not deserve or have access to the same benefits and protections. 

There are loopholes in the system that could be fixed to make sure that these lower-level employees are not considered managers or outside sales just because they do some outside sales or just because they manage one employee. They are actually lower-level employees who should have the protections of overtime and minimum wage as set forth by the Fair Labor Standards Act, and a Fair Labor Standards Act lawyer in Clearwater is able to review the situation to exhibit the actual employment status and role of an individual.

Common Misconceptions

One common myth is that the Fair Labor Standards Act applies to everybody. People do not realize that there are many exemptions when it comes to the FLSA such as the learned professional exemption, outside sales exemption, exemption for an independent contractor, and exemptions for a managerial employee. Many people are exempt from FLSA and do not realize that,  meaning there are people going after wages that they do not qualify for, but there are as many people being unfairly classified as one type of employee just so their employer does not have to compensate them fairly. If you believe you are being taken advantage of and are owed earned wages, contact a Clearwater FLSA lawyer today.

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