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Employment law — the Fair Labor Standards Act

On Behalf of | Jan 28, 2024 | Employment Law

Whether you’re new to your West Virginia workplace or have been employed at the same job for years, there’s a federal law that protects you in the private sector, as well as in local, state or federal government jobs. The law applies whether you work part-time or full-time. If you’re not familiar with the Fair Labor Standards Act (FLSA), you’ll want to read this post all the way through, which provides a basic overview, as well as helpful tips on what to do if you encounter legal problems that are relevant to this law.  

The FLSA became the law in 1938. The government established minimum wage under this law, as well as regulations regarding overtime pay and recordkeeping. The FLSA also governs issues regarding child labor in the United States. If you hold an executive, administrative or outside sales position in the workplace, FLSA protections do not necessarily apply to you.  

What does employment law say about overtime? 

Under the FLSA, employees who work more than 40 hours in one week have a right to overtime pay. This pay is usually equivalent to time and a half of a worker’s normal hourly wage. It is important to make sure your employer has not misclassified your position. For example, the FLSA states specific criteria to classify an employee as an outside salesperson, which creates exemption from overtime pay eligibility. If you are in sales but do not meet the criteria for outside sales, you must receive overtime pay.  

Perhaps your workplace duties include selling products or services by phone, which you typically carry out in the main office. This is an example of a sales position that does not meet the criteria for outside sales. The word “outside” refers to sales that occur on the road, meaning away from an office. To be in this category, you must carry out most of your duties outside the main sales office. 

Resolving FLSA and other employment law issues 

If you’re one of many West Virginia workers owed overtime that you have not received, you might be feeling frustrated and angry, which is understandable. However, the FLSA has been in place for more than 85 years and can help you resolve the issue. The first step to take is to make sure you are eligible for overtime. You’ll also want to gather all necessary documents and evidence to prove the number of hours you have worked for which you’ve not received proper compensation.  

Employment law issues regarding overtime pay can be complex and difficult to resolve. Many cases wind up in court. It is helpful to seek guidance and support from someone experienced in employment litigation. Local, state and federal laws are on your side if you qualify for overtime pay and have not received it.