What The FLSA Is Not
The FLSA sets basic minimum wage and overtime pay and regulates the employment of minors, but there are several employment practices that FLSA does not regulate:
- Pay raises, bonuses, or benefits;
- Vacation length or pay;
- Holiday length or pay;
- Severance pay;
- Sick pay; or
- The length of the workday or week.
The FLSA does not apply to all employment types. Here are a few exemptions:
- Executives who earn a salary and are responsible for managing an enterprise with two or more employees.
- Administrators who earn a salary and are tasked with the management or general operations of the employer.
- Professionals who earn a salary and are tasked with the performance or knowledge of an advanced field of science that is normally acquired through specialized education.
Fair Labor Standards Act Lawsuits – Notable Cases
Beasley Allen has recently won settlements in several cases related to both executive exemption and independent contractor exemption claims, as well as donning and doffing.
We represented approximately 1,200 assistant managers in the lawsuit against Fred’s, who were managers in name only. Despite spending the majority of their time performing the same work as hourly employees, these employees were denied overtime pay. A confidential settlement was reached in 2009.
In the case against West, we represented 2,947 telemarketers who were classified as independent contractors. Although classified as independent contractors, West controlled every aspect of their jobs. As a result of being treated as independent contractors, telemarketers were not guaranteed the minimum wage or overtime pay for hours worked over 40 each week. Additionally, West did not have to pay payroll taxes or insurance premiums. A confidential settlement was reached in 2009.
The case against Wayne Farms concerned the donning and doffing of protective clothing at a poultry plant. The donning and doffing of protective clothing was a substantial part of the employees’ jobs. Yet, employees were not compensated for the time spent donning and doffing the protective clothing. The case involved approximately 1,262 plaintiffs, and a confidential settlement was reached in 2009.
What Can I Do?
If you feel you have a case where your employer violates the Fair Labor Standards Act, you may have a claim. For a free legal consultation, contact us today.