Louisville Employment Lawyer
The law demands fair pay for fair work. The Fair Labor Standards Act (FLSA) is a federal law that requires all non-exempt employees receive overtime wages at a rate of time and half when the employee works more than 40 hours a week. Kentucky also has specific wage and hour laws that complement the FLSA in order to protect workers. The right to overtime pay cannot be waived or contracted away. If you are an employee who works more than 40 hours per week and are not being compensated properly, you need to know your rights. Contact the Ron Aslam Law Office for a free consultation to ensure that you receive the payment you deserve.
The FLSA distinguishes between employees that are “exempt” from the overtime rate of pay and employees that are “non-exempt.” There are three tests to determine whether an employee is exempt or non-exempt under the FLSA:
1. The salary level test. Employees who are paid less than $23,600 per year ($455 per week) are non-exempt.
2. The salary basis test. An employee if exempt if the employee is paid on a salary basis. A salary basis means that the employee is guaranteed a specific amount of money for any work week in which the employee performed any amount of work. Generally, an exempt employee is paid on a salary basis when the employee’s base pay is computed from an annual figure divided by the number of paydays in a year. On the other hand, an employee is non-exempt when the employee’s actual pay is lower in work periods when s/he works fewer than the normal number of hours.
3. The type of duties test. The type of duties an employee perform also determines whether the employee is exempt or non-exempt. Employees that perform management, supervisory, professional, and administrative duties are exempt. It is important to note that the employee’s actual duties determine exemption or non-exemption rather than the job title or job description.
Employers make several common mistakes when dealing with the payment of overtime wages to non-exempt employees. Some of these mistakes include:
* Not paying wages for time spent doing prep work.
* Failing to properly classify jobs according to the actual duties performed/ mischaracterizing employees as independent contractors.
* Failing to properly document the amount of overtime hours worked.
* Using a “per diem” to compensate for overtime hours instead of paying for the actual time worked.
* Failing to pay for required tasks that employees must do while off the clock.
Not paying the overtime rate of time and a half for hours above 40
If you are a non-exempt employee who has not been properly compensated for overtime work, it is important to contact an attorney as soon as possible. Claims under the FLSA must be asserted within 2 years from the time the payment became due. In certain extraordinary situations, the time for filing may be extended to 3 years if the employer’s conduct was “willful.” The Kentucky wages and hours laws allow up to 5 years to assert a claim.
Violations of the FLSA and Kentucky wage laws are taken very seriously. In addition to the wages owed, employers must pay additional damages and attorney fees under the FLSA. The FLSA also forbids employers from retaliating against employees for asserting their rights. Call the Ron Aslam Law Office to ensure your rights are protected and that you receive the compensation you deserve.