Fair Labor Standards Act Explained

El Paso Employment Attorneys Protect Workers’ Rights

Under The Fair Labor Standards Act (FLSA) of 1938, employees are given federal protections for minimum wages, overtime, and child labor. The FLSA also dictates regulations for employer recordkeeping.

The lawyers at Guerra & Farah, PLLC, are dedicated to representing clients who are trying to recover back wages and related damages for FLSA violations. Depending on the circumstances of your case, you might be able to pursue your FLSA lawsuits as part of a class action or on an individual basis.

Our legal team has extensive knowledge and experience when it comes to taking on FLSA cases. Our El Paso employment law attorneys are available to take to take your call 24 hours a day, 7 days a week. Fees for the services our attorneys perform are part of the compensation that is awarded for FLSA cases.

What Type of Employees Are Exempt From FLSA

FLSA contains statutes that exclude specific jobs from protections, such as some work performed by agricultural workers and movie theater employees. Due to the nature of the work and job qualifications of FLSA exempt jobs, overtime rules do not apply to certain categories of workers. FLSA also does not apply when a specific federal labor law governs an industry or type of position. An example of this would be railroad workers who are covered by the Railway Labor Act and truck drivers who are covered by the Motor Carrier Act.

Wrongfully Classified Employees

Sometimes, employers will intentionally classify their salaried workers as exempt under the FLSA in order to deny them overtime pay when they work over 40 hours a week. Employers can only base exemptions on particular job requirements that involve supervisory authority and the ability to make decisions pertaining to the operations of the business.

Are Independent Contractors Exempt?

Employers that want to avoid paying overtime, minimum wages, taxes, or workers' compensation, will sometimes classify an hourly employee as an independent contractor, even though the employee doesn’t fit the necessary requirements to be an independent contractor.

Things that can disqualify employees from being designated as independent contractors include:

  • Receiving daily direction and instruction for work performed
  • Duties performed are an integral part of the company’ operations
  • Work that is a sole source of income for the employee
  • Under the FLSA, undocumented workers have rights to fair pay that can’t be denied based on their immigration status.

Child Labor Law Violations Covered by FLSA

The child labor restrictions included in the FLSA prohibits minors from performing work that is unsafe, unhealthy, or that puts their well-being at risk. These restrictions also enable children to take advantage of educational opportunities by limiting the amount of hours they can work.

Speak to an El Paso Employment Law Attorney Today

At Guerra & Farah, PLLC, our team of experienced lawyers help employees across Texas protect their rights and interests. When you choose us to handle your case, we will take a knowledgeable approach and provide you with a high-standard of professional service. Let us secure the compensation you are entitled to.

Call (888) 470-9772 to get legal advice about your employment dispute today.