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The FLSA and your right to fair pay

As a California employee, you have the right to fair pay, and you have the right to expect your employer to pay for you for the work you have done. It can be frustrating and financially stressful for your family to find that you are not receiving your rightful pay. If this is happening to you, it is beneficial for you to know how you can fight back. 

There are state laws in place that protect your right to fair pay, as well as federal laws. The Fair Labor Standards Act established regulations that ensure certain types of workers receive fair treatment regarding overtime pay, minimum wage pay rates and record keeping methods. There are certain types of employees who are exempt from the FLSA, and it is important to know your status.

What does the FLSA mean for you? 

One of the most important provisions provided by the FLSA covers overtime pay. According to this federal law, employees who work overtime should receive pay that is one and one-half of their regular pay. In California, employees who work more than eight hours in a single day get overtime pay: at least one and one-half times the employee's regular rate of pay. If they work more than 12 hours in one day, employers have to pay them double their regular pay rate.

As you may know, minimum wage is a hot topic. Many people believe that raising the minimum wage is beneficial, but regardless of what others think, nonexempt employees are entitled to a specific minimum amount per hour. If you are a waiter, you could receive a rate of a few dollars per hour, making the rest up in tips. If your minimum pay rate and tips do not combine to meet the minimum wage amount, your employer has to make up the rest. 

Who is exempt?

Not all employees enjoy the protection of the FLSA. You may be exempt from FLSA overtime standards if you work in one of the following types of jobs: 

  • Motor carriers, train workers and taxi drivers
  • People who work on farms
  • Broadcasting engineers and news editors

Unfortunately, employers often accidentally or intentionally violate the FLSA and do not pay their employees the right amount. There are options available to you by which you can hold your employer accountable for its actions and fight for back pay or unpaid overtime. Wage and hour disputes are complex, and you will find it helpful to obtain a complete evaluation of your case from an experienced employment law attorney.

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