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St. Louis Missouri Labor & Employment Law Firm | Wage and Overtime Lawyer | Fair Labor Standards Act | FLSA
Call Us Now : (314) 645-4100
Understanding the Fair Labor Standards Act

Fair Labor Standards Act (FLSA)

The federal Fair Labor Standards Act (FLSA) was passed by Congress in 1938 to protect employees' rights to wages and payment for work performed in interstate commerce. The FLSA established a national minimum wage, guaranteed time-and-a-half for overtime work in certain jobs, and also established protections against child labor.

Who Is Covered?

If the employer is engaged in interstate commerce then it and its employees are covered by the FLSA. Further, enterprise coverage applies when the business is involved in interstate commerce and its gross annual business volume is a minimum of $500,000.

Double Damages and Punitive Damages Under The FLSA

If it is proven that your employer violated provisions of the FLSA included below, then you may be entitled to double recovery. These damages, referred to as liquidated damages, ar equal to the the amount of any award for lost or unpaid wages. Further, similar to the double, liquidated damages, punitive damages are an award above and beyond the amount of unpaid wages or other damages and are meant to punish the employer for intentionally violating the FLSA.

FLSA Minimum Wage

The current federal minimum wage is $7.25 per hour effective July 24, 2009. The State of Missouri minimum wage is also $7.25 per hour through the 2011 year. If you are not paid $7.25 or more per hour you may have a claim under both the FLSA and Missouri wage and hour laws.

FLSA Overtime

The FLSA provides that employers of covered nonexempt employers must pay an increased overtime rate for all hours worked over 40 per workweek. Employees working overtime must receive one and one-half time the regular hourly rate. If you are working more than 40 hours per workweek you are entitled to time-and-a-half. If you are not being paid the overtime rate to which you are entitled, call our office today to recover your unpaid overtime.

FLSA Recordkeeping

Covered employer must keep records for each non-exempt employee. These records are important as a central source of accounting upon which employers, employees and other auditors rely on. The following is a list of the basic records that an employer must maintain regarding each employee:

  1. Employee's full name and social security number.
  2. Address, including zip code.
  3. Birth date, if younger than 19.
  4. Sex and occupation.
  5. Time and day of week when employee's workweek begins.
  6. Hours worked each day.
  7. Total hours worked each workweek.
  8. Basis on which employee's wages are paid (e.g., 'per hour, 'per week', 'piecework')
  9. Regular hourly pay rate.
  10. Total daily or weekly straight-time earnings.
  11. Total overtime earnings for the workweek.
  12. All additions to or deductions from the employee's wages.
  13. Total wages paid each pay period.
  14. Date of payment and the pay period covered by the payment.

Schedule A Consultation Today If You Have Unpaid Wages or Unpaid Overtime

Call (314) 645-4100 to schedule a consultation and to discuss your case. Or, fill out our simple contact form and we will contact you as soon as possible.