The Fair Labor Standards Act (FLSA) is a federal law that establishes critical protections for workers across the United States. It governs minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and part-time employees in both the private sector and government jobs.

If your employer has failed to pay you properly, misclassified your employment status, or forced you to work off-the-clock, they may be violating the FLSA—and you may be entitled to recover unpaid wages, liquidated damages, and attorneys’ fees.

Who Is Protected by the FLSA?

Whether you are entitled to the rights guaranteed by the FLSA depends on whether you are an “exempt” or “non-exempt” employee under the law.

Non-Exempt Employees: These workers are entitled to minimum wage and overtime pay at one-and-one-half (1.5) times their regular rate of pay for all hours worked over 40 in a workweek. Most hourly workers fall into this category, as well as many salaried employees who do not meet the legal criteria for exemption.

Exempt Employees: These workers are not entitled to overtime pay. To be properly classified as exempt, an employee must satisfy specific requirements relating to his or her salary level, salary basis, and primary job duties. Common exempt roles include executives, administrators, professionals, outside salespeople, and certain computer employees.

If you’re unsure whether you’re protected under the FLSA, speaking with an employment attorney can help clarify your rights.

Common FLSA Violations

Employers sometimes cut corners—whether intentionally or negligently—leading to violations of workers’ rights. Below are some of the most common types of FLSA violations:

1. Employee Misclassification

   One of the most frequent FLSA violations involves misclassifying employees to avoid paying overtime or minimum wage. There are generally two types of employee misclassification:

   Independent Contractor Misclassification: Employers may label workers as independent contractors when they are legally employees, depriving them of wage protections and benefits.

   Exempt vs. Non-Exempt Misclassification: Some workers are misclassified as “exempt” from overtime, even though their job duties and pay do not meet the legal requirements.

   Misclassification is not just a technical error—it can lead to thousands of dollars in unpaid wages.

2. Off-the-Clock Work

   Employers may unlawfully require or allow employees to perform work before clocking-in, after clocking-out, or during unpaid breaks. This includes:

   • Pre-shift setup or meetings.
   • Post-shift paperwork or cleanup.
   • Working through meal breaks.
   • Responding to emails or calls outside of scheduled hours.

   Under the FLSA, all hours worked must be counted and compensated.

3. Unpaid Overtime

   Non-exempt employees must receive one-and-one-half (1.5) times their regular rate of pay for any hours worked over 40 in a workweek. Common overtime violations include:

• Failing to track overtime hours.
• Using “comp time” instead of overtime pay.
• Averaging hours over multiple weeks to avoid paying overtime.
4. Minimum Wage Violations

   Employers must pay at least the federal minimum wage, or the higher state/local minimum where applicable. Violations may occur when:

• Employers make unlawful deductions from pay.
• Tipped workers don’t receive enough in tips to reach minimum wage.
• Training or probation periods are unpaid.
5. Improper Deductions or Unpaid Time

   Employers cannot dock pay for short breaks or charge employees for tools, uniforms, or losses that bring wages below the minimum wage threshold.

You May Be Owed Unpaid Wages

If your employer has committed any of the above violations, you may be entitled to:

• Back pay for unpaid wages.
• Double damages under the FLSA (known as “liquidated damages”).
• Payment of your attorneys’ fees and legal costs.

How We Can Help

The attorneys at Mobilio Wood regularly represent workers in FLSA lawsuits, including individual claims, collective actions, and class actions. We help workers recover the wages they have rightfully earned and hold employers accountable for violating federal and state labor laws.
Contact us today for a free, confidential case review. We’ll evaluate your situation and help you understand your rights under the FLSA.