California Fair Labor Standards Act Lawyers
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If you are working in the U.S. or in California in particular, and you are not being given by your employer your right compensation, then your employer is in violation of the Fair Standards Act for laborers. The Fair Labor Standards Act or FLSA was enacted to protect all employees' rights to basic wage and right to claim overtime and other standards of employment pay. The Act also defines what is meant by "hours worked" as well as standardized the rule on overtime pay and even how to treat tips and other gratuities, which are very important in determining your actual compensation at work.
However, not all employees are covered by the Act, specifically in terms of determining the amount of overtime pay you deserve. According to the Act, exempt employees are employees who, based on the duties they perform and the manner of compensation, are exempt from the minimum wage and overtime provisions. An exempt employee, basically is paid an established monthly or annual salary and is expected to fulfill the duties of the positions regardless of the hours worked.
Hence, if you are an exempt employee, then you do not receive premium overtime, straight overtime or compensatory time for working more than 40 hours in a work week. In contrast, a nonexempt employee is someone who is required to account for time worked and sick leave, vacation, and other leave on an hourly and the fractional hourly basis. Fair Labor Standard statute requires that these employees be paid overtime at the premium (time-and-one-half) for actual time worked in excess of 40 hours per week. Hence, if you need to account for your hours, regardless of the nature of work that you do, then you should also be paid OT in the manner prescribed by law, otherwise, you can file a lawsuit against your erring employer.
If your rights under the Act is violated by your employer, you need to seek help from MELG Law Firm’s top California Fair Labor Standards Act Attorneys who are diligent and relentless in pursuing erring employers in courts of law in obtaining justice and maximum compensation for all employee victims of every employment and labor law violations.