Nonexempt and Employment Law

The Fair Labor Standards Act (FLSA) is a federal statute which establishes a national minimum wage, guaranteed overtime for certain jobs, a minimum age for employment, and a standard 40 hour work week.

The FLSA was considered a landmark legislative action at the time of its passage with its supporters arguing it was the first step to eliminate the exploitation of the American worker. Am I a nonexempt employee? To be covered by the FLSA employees must meet certain requirements. Most generally, they must be engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce. Certain other workers who are employed by federal, state, or local governments or those in the private sector will also be covered. If you are a covered employee and you are nonexempt you are entitled to receive a minimum wage of no less than $7.25 per hour.

Overtime must also be paid to you if you work more than 40 hours per week. Overtime must be paid at a rate which is no less than one and one-half times the rate of your regular pay. Certain employment issues are not regulated by FLSA including vacation, severance, sick pay, or holiday pay. FLSA also does not regulate whether you work more than 40 hours per week. Employees and employers retain the right to negotiate these issues through employment contracts or collective bargaining agreements.

Nonexempt vs. Exempt Employee

Although most workers will be nonexempt and will be entitled to overtime pay under the Fair Labor Standards Act (FLSA), the law also allows for certain types of workers to be exempt, which means employers are exempt from paying overtime to the worker. Employees who are exempt can include those engaged in “bona fide executive, administrative, professional, outside sales, or computer professions.” Exempt workers must also be paid a salary which is at least $455 per week. Nonexempt but not getting overtime

Employees have certain rights. If you are a nonexempt employee and you are not receiving overtime pay for hours worked over 40 hours per workweek, you have the right to ask questions about your wage. If your employer is not responsive, you can also file a complaint with the U.S. Department of Labor Wage and Hour Division. If you still have questions or believe you have not received fair compensation for your work you can talk to an employment lawyers. Employment lawyers can review your employment claim to determine if you have received insufficient wage payments.