Both federal and state laws make mandates about how employers must handle wages and hours for their employees. Violations of these employment laws are often the subject of employee-rights cases. If you believe your employer is not honoring your wage or hour rights, contact a labor rights lawyer in San Jose to determine if you have cause to pursue legal action. Here is a closer look at some wage and hour employment laws and how they are enforced.
What are my rights to fair wages and hours?
On the federal level, wages and hours are governed by the Fair Labor Standards Act, or FLSA. The FSLA mandates a standard minimum wage, overtime pay requirements, child labor standards, and employers’ responsibilities for record keeping. These standards apply to all employees across the country for both full and part-time work. After non-exempt employees—those who typically do not make a salary—reach 40 hours per week of work, they must receive overtime pay of at least one-and-a-half times their normal pay. The FSLA does not address paid time off for any reason, premium pay for weekend or holiday shifts, raises, or severance pay.
Additionally, states may have their own wage and hour laws. These laws can set a different minimum wage, and they may make further provisions for hours and wages. In California, for instance, state law sets standards for when employees are entitled to breaks. Laws may also exist on the local level. Employers must honor the law that gives their employees the generous breaks and highest wages.
How are these laws enforced?
The responsibility to enforce these laws depends on which laws are in question. For federal violations, the Wage and Hour Division of the U.S. Department of Labor enforces the laws. At a state or local level, the government office responsible for the law will enforce it. Filing complaints and going through the investigation process can be confusing for employees, so it is always recommended to have a labor rights attorney file disputes on your behalf. Your lawyer can ensure that your claims are filed correctly and that your rights are preserved at every stage of the process.