As an employee, it is important to understand the Fair Labor Standards Act (FLSA), the federal law that protects your pay, work hours and workplace rights.
Knowing your rights can help you spot violations, avoid unpaid work and ensure you receive equitable pay.
Watch out for misclassification
Employers often label employees as “exempt” or “independent contractors” when they should not.
Exempt employees must meet specific salary and job duty criteria, while contractors must operate independently.
If your employer controls your work — including your schedule and tasks — you may legally qualify as a nonexempt employee eligible for overtime, even if your employer calls you something else.
Check your overtime pay
Under the FLSA, you must receive at least one and one-half times your regular rate for hours worked over 40 in a week.
Mistakes often happen when employers pay a flat salary without confirming exempt status, or when bonuses and commissions are not included in the overtime calculation.
If your pay does not match the hours you worked, you could be entitled to back pay.
Track off-the-clock work
Tasks like checking emails after hours, cleaning or preparing before clocking in can count as work time. You should note that the law requires employers to pay for this time. Keeping a personal record of hours worked can help ensure you are compensated correctly.
Know the importance of records
Accurate records are essential if you need to claim unpaid wages. Keep track of:
- Hours worked each day and week
- Wages received, including overtime and bonuses
- Any deductions or reimbursements
- Dates of payment and pay periods
These records can support your claim if your employer’s records are incomplete or inconsistent.
Be aware of child labor rules
If you are under 18, the FLSA limits the types of work you can do and the hours you can work. Knowing these restrictions helps protect your safety and ensures your employer is not taking advantage of you.
Protect yourself and get help when needed
Understanding the FLSA empowers you to identify violations and speak up. If you suspect your employer is not following the law, document your hours, review your pay and consider contacting a labor law professional or the Department of Labor for guidance.