Introduction

The Fair Labor Standards Act (FLSA) is a key federal law designed to protect workers by setting standards for wages, overtime, and child labor. If you’re working in South Jersey, it’s crucial to understand your rights under the FLSA to ensure you’re being fairly compensated for your labor. This guide will explain the basics of FLSA law and how it applies to workers in South Jersey, a South Jersey FLSA lawyer focusing on the most common issues workers face: minimum wage, overtime pay, and employee classification.

Minimum Wage and Overtime Pay

The FLSA establishes a minimum wage requirement that employers must follow. If your employer is paying you less than this rate, they are in violation of the FLSA and New Jersey labor laws. Overtime is another crucial component of the FLSA. If you work more than 40 hours in a workweek, you should be paid overtime at 1.5 times your regular hourly rate. This applies unless you fall into an exempt category, which is typically reserved for certain executive, administrative, professional, or outside sales employees.

Exempt vs. Non-Exempt Employees

Understanding whether you are classified as exempt or non-exempt is vital to your rights under the FLSA. Exempt employees are not entitled to overtime pay, while non-exempt employees must receive overtime for hours worked beyond 40 in a week.

Exempt employees typically hold managerial, professional, or administrative roles. However, it’s important to note that just because an employer classifies you as exempt doesn’t automatically mean you fall into that category under the FLSA. Your job duties and salary must meet specific criteria. If your job duties don’t align with those requirements, you may be entitled to overtime pay, even if your employer classifies you as exempt.

Meal Breaks and Rest Periods

The FLSA does not require employers to provide meal breaks or rest periods, but if your employer does provide them, those periods must be paid if they last 20 minutes or less. For longer meal breaks, employers are not required to pay employees unless the employee is expected to remain on duty during that time.

In New Jersey, specific industries, such as those employing minors, have additional requirements for meal breaks. If your employer doesn’t comply with these guidelines, you may be entitled to recover any unpaid wages for time worked during breaks.

What to Do If Your Rights Are Violated

If you suspect your employer is violating your FLSA rights, you should start by documenting your work hours and pay. Pay stubs, timecards, and any communication regarding your wages or overtime can help substantiate your claim.

Next, you should consider consulting an South Jersey FLSA lawyer. A lawyer can help you assess your case, determine whether your rights have been violated, and guide you through the process of recovering unpaid wages. This may involve filing a claim with the U.S. Department of Labor or pursuing a lawsuit against your employer in court.

Conclusion

Understanding the protections offered by the FLSA is essential to ensuring that you are compensated fairly for your work. If you believe your employer is violating the FLSA, whether by failing to pay you overtime, misclassifying you as exempt, or not adhering to the minimum wage laws, you have the right to seek legal recourse. Working with an experienced South Jersey FLSA lawyer can help you navigate the legal process and ensure your rights are protected.