FAIR LABOR STANDARDS ACT

If you answer YES to any of the below questions, you need to contact the McDougall LawFirm today.

  • Do you work over 40 hours a week?
  • Does your employer fail to or refuse to pay you Overtime when you work over 40 hours?
  • Are you required to do any work for the benefit of your employer at the beginning or end of your shift "off the clock"?
  • Does your employer deduct time for meal breaks but still require you to perform tasks during these breaks?
  • Are you paid a salary? If so, is it the same amount each week even when you work over 40 hours?
  • Do you share tips with management, owners or any other workers not working for tips?

Congress passed the Fair Labor Standards Act of 1938 (FLSA) to protect many American workers from unfair working conditions. Specifically the FLSA establishes a national minimum wage, requires the payment of overtime for all hours worked over forty (40) hours per week, and prohibits child labor. Many employees are unaware of their rights under the FLSA and, as a result, are unaware that employers are violating their rights in a number of different ways.

If your employer has engaged in any of the unlawful activities described above, you need to contact the McDougall LawFirm and allow us to fight for your rights. You may be entitled to back pay - wages owed but not received - and are likely entitled to liquidated or double damages where your employer did not act in good faith.

In many cases, employers do not pay overtime correctly for non-exempt jobs, such as not paying an employee for travel time between job sites, activities before or after their shifts, and preparation central to work activities. If an employee is eligible for overtime, the business must pay them one and a half times their "regular rate of pay" for all hours they work over 40 in the same workweek.

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