What is the Fair Labor Standards Act (FLSA)?
The FLSA is the federal law that established minimum wage, overtime pay requirements, and youth employment standards.
What is Minimum Wage?
The FLSA established minimum wage. FLSA mandates that employers pay non-exempt employees at least $7.25. Each state has the option to increase the minimum wage by enacting their own minimum wage laws. Texas has adopted federal minimum wage.
A piece rate employee is an employee that receives a set amount of compensation per unit that the employee produces. The FLSA allows employers to use this piece rate so long as the employers still receive the equivalent of the minimum wage, and as long as employers still pay overtime.
A tipped employee is someone who receives more than $30 a month in tips. Under the FLSA employers of tipped employees can consider tips as part of the employee’s wages if the employer meets certain requirements. One of requirements is that employers must pay tipped employees a base pay of $2.13 per hour.
Other Employees Who May Receive Less than Minimum Wage
The department of labor issues certificates to employers to allow those employers to pay certain individuals less than the statutory minimum wage. There are three types of individuals that fit into this category.
- student learners,
- full‑time students in retail or service establishments, agriculture, or institutions of higher education; and
- individuals who have a physical or mental disability that impairs their earning capacity.
No Maximum Hours
The FLSA does not limit the number of hours that an employee can work in a day or the number of days an employee can work during the week if an employee is over the age of 16.
The FLSA does not limit the amount of overtime hours that an employee can work, but the FLSA does require overtime pay. Employers must pay non-exempt employees at least time and a half pay for overtime hours.
Minimum Wage Retaliation
Employers cannot retaliate against an employee who files a complaint or participates in a legal proceeding under the FLSA. Retaliation includes termination and other types of discrimination.
What should I do if my Employer has retaliated against me?
You should speak to an attorney about the possibility of filing a civil suit against your employer. You may be able to recover damages for the retaliation. Damages could include back pay and attorney’s fees.
Who Can Help Me With Minimum Wage Laws?
If you feel you have a claim, the attorneys at Hutchison & Stoy, PLLC can help you recover wages wrongfully withheld and navigate you through confusing minimum wage laws. Contact us at (817)820-0100 or fill out a free online case evaluation form.