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Hodges & Foty, LLP > Overtime & Unpaid Wages  > Understanding the Fair Labor Standards Act and Your Right to Overtime Pay

Understanding the Fair Labor Standards Act and Your Right to Overtime Pay

Legally reviewed by David W.Hodges and Don J. Foty

OvertimeThe Fair Labor Standards Act (FLSA) is foundational to labor law, as it protects workers and ensures they are compensated fairly for their time. This statute also establishes criteria for minimum wage, child labor protections, and overtime pay. Unfortunately, many employees are unaware of the specific regulations included in the act and how they apply to their jobs. Understanding your rights under the FLSA is critical in ensuring you get the fair compensation you earned for your work.

With over 40 years of combined experience, we have helped clients navigate complex wage and hour disputes, including violations of the Fair Labor Standards Act. Our team’s commitment to protecting workers’ rights has earned us recognition among the Top 100 Employment Attorneys by The National Advocates. If you believe your employer has denied you rightful overtime pay, we are here to provide the guidance you need. Contact Hodges & Foty, LLP at (713) 523-0001 or through our contact form today for a free consultation.

What Is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act was first signed into law in 1938 to establish better working conditions for the labor force. It has been amended numerous times since, with the most recent version of the FLSA providing standards for:

  • Minimum wage
  • Overtime pay
  • Employer recordkeeping
  • Child labor

By having a set of federal regulations that all employers must follow, employees are no longer forced to work in conditions that jeopardize their health and safety.

It is also important to note that each state can set standards beyond the FLSA. For example, if a state’s minimum wage is set above the federal minimum wage of $7.25, an employee is entitled to the higher wage set by the state. A lawyer from Hodges & Foty, LLP can answer any questions you have about the FLSA and how it pertains to your employment.

How Does the FLSA Define Overtime Pay?

The Fair Labor Standards Act states that all hourly workers must collect overtime pay if they work more than 40 hours in a workweek. This overtime pay must be at least 1.5x their regular pay rate. There is also no restriction on the number of hours an employee can work if they are above the age of 16.

Some other notable stipulations include:

  • The workweek does not need to apply to a standard Monday through Friday period, but rather within any fixed seven-day period.
  • Employers are not allowed to average hours over two consecutive workweeks to reduce the overtime an employee receives. 
  • Overtime pay is not required on Saturdays, Sundays, or holidays unless overtime hours are worked on those specific days.

A common overtime violation of the FLSA occurs when employers do not use the correct pay rate or fail to pay an additional wage when their employees work over the regular 40 hours in a week. If you believe that your employer is violating the overtime standards set in the Fair Labor Standards Act, it is vital you contact an attorney to discuss your case and get started on helping you receive the compensation you have worked so hard for. 

How Can Hodges & Foty, LLP Help Protect Your Overtime Pay Rights?

At Hodges & Foty, LLP, we understand the frustration and financial strain caused by wage violations, including unpaid overtime. This is why we are committed to helping workers take action when they believe their overtime rights have been violated, and we work tirelessly to ensure employers are held accountable under the law.

With over 40 years of combined experience, we have helped victims across a wide range of industries in disputes involving unpaid wages and overtime. If you believe your employer has violated your overtime rights under the FLSA, we may be able to assist you in navigating your claim. To schedule your free consultation and discuss how we can help protect your rights and secure the compensation you deserve, contact us at (713) 523-0001 or visit our contact form.

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