Law Office of P. Zachary Stewart
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On Behalf of | Mar 30, 2019 | Firm News

As an employee in West Virginia, you believe that you have the right to fair pay. This means that you deserve rightful pay for the hours you worked, including overtime. Fortunately, there are federal laws in place that agree that you have these rights, such as the Federal Labor Standards Act. Thanks to the FLSA, you deserve fair pay and treatment from your employer. 

Under the FLSA, certain types of employees have the guarantee of minimum wage and overtime pay. If you are an hourly employee, it may be in your interests to learn about the protections provided to you and how you can fight for your rights in the event your employer is not paying you fairly. Wage and hour disputes are complex, but you do not have to address these issues on your own.

Why type of employee are you? 

In order to understand whether the protections of the FLSA apply to you, you will need to be aware of what type of employee you are. Exempt employees are not eligible for overtime or minimum hourly wage per the FLSA. Typically, exempt employees include those who make a salary, earn a certain amount per year or work in certain industries.

Non-exempt employees enjoy the protections provided by the FLSA. These protections include a guarantee of a certain minimum wage rate and a set rate of overtime pay. Employers must pay non-exempt employees an overtime rate that is one and a half times their regular rate. Overtime rates apply when an employee works over 40 hours in one week.

How can you enforce your rights?

If you believe that your employer is violating your rights under the FLSA, you have the right to file a claim with the Wage and Hour Division of the U.S. Department of Labor. When employers willfully violate wage or labor laws, they can face criminal prosecution. You can also seek backpay for your missing wages.

Experienced guidance by your side

If you believe your employer is violating your rights under the FLSA or your employer is not paying you fairly, you may find it helpful to seek legal guidance. With the assistance of an experienced legal ally, you can fight to hold your employer accountable, enforce your rights and seek payment of the wages owed to you. You may want to start by learning more about fair pay and labor laws.


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