Nashville Wage and Hour
The Fair Labor Standards Act (FLSA) establishes specific standards involving federal minimum wage and overtime pay. This law covers millions of workers across the country, and whether you work in Tennessee or another state, your employer must follow certain FLSA standards, in addition to state laws that may apply. If you have been denied proper overtime or minimum wage, a Nashville wage and hour lawyer may be able to help you recoup your lost compensation. Whether you are entitled to these federal law protections depends on the nature of your employment. For example, the FLSA does not apply to those deemed executives, administrators, professionals, and computer employees. Our wage and hour attorneys can review your situation and properly advise you of your rights under the law.Who Is Covered Under the Fair Labor Standards Act?
Federal minimum wage was last revised in 2009, and it is currently $7.25 per hour. FLSA guidelines mandate all workers covered must be paid in accordance with current federal minimum wage. Workers are also entitled to overtime (also known as “time and a half”) for work over 40 hours per week.
Whether you fall within the protections of the Fair Labor Standards Act will depend on the nature of your work. Most hourly employees fall within the protections of the FLSA, and some industries tend to see more FLSA violations than others, such as:
- Retail workers
- Tipped employees such as waiters/waitresses
- Healthcare support staff
- Sales representatives
- Hospitality employees
Employees in Nashville exempt from minimum wage and overtime include executives, administrators, professionals (commonly employees who must utilize graduate degrees and advanced training), and computer professionals. Whether or not you are considered exempt can depend on your duties, responsibilities, oversight, and salary. A wage and hour lawyer in Nashville can handle this complex analysis for you.Common Wage and Hour Violations in Nashville
The Fair Labor Standards Act has been in place since the 1930s, and this law is administered and enforced by the wage and hour division of the US Department of Labor. This law covers employees across a variety of sectors, including government employees, private sector, and state and local governments.
The most common FLSA violations involve overtime and minimum wage. FLSA violations commonly seen in Middle Tennessee include:
- Paying employees less than federal minimum wage
- Making employees work “off the clock” without being compensated (including working from home, setting up before clocking in, and not being paid for mandatory training sessions)
- Tip pooling (most commonly found with waiters in the restaurant industry)
- Not paying employees for “prep” tasks (such as conducting food prep or cleanup)
- Misclassification of employees as independent contractors rather than employees
- Poor record keeping of timesheets and wages
Under FLSA guidelines, wage theft is often based on an employer’s failure to pay minimum wage or time and a half after 40 hours worked. You should always try to keep good records of your payments and paychecks, including hours worked and paystubs. In a wage and hour lawsuit, your records will often be compared against the records your employer kept in the ordinary course of business.
Overtime and wage and hour lawsuits are often filed in federal court. Nashville is home to the United States District Court for the Middle District of Tennessee, and the federal courthouse is located at 800 Broadway, Room 800, Nashville, TN 37203. Our wage and hour attorneys can help Nashville residents bring a claim in this court. There is a strict statute of limitations for filing a wage and hour complaint in court, generally two (2) years from the violation. However, if you can prove your employer willfully violated the statute, the statute of limitations can extend to three (3) years. Depending on the number of affected employees, a lawsuit can turn into a collective action under the FLSA.
In an FLSA case for unpaid overtime or minimum wage, you can pursue your unpaid wages. To document the extent of your wages, it will be important to review your employer’s payroll records as well as any documentation in your possession. You could also pursue liquidated damages (also known as double damages), but then the burden shifts to the employer to prove they acted in good faith. A lawyer who handles wage and hour cases in the Nashville area will be able to assess the merits of your case and help advise of the types of damages to which you could be entitled, under the law.Not Paid Properly? Consult with Our Tennessee Wage and Hour Attorneys Today
Federal law puts the legal burden on employers to follow the law and take care of their employees – and this duty extends to minimum wage and overtime. If your boss makes you work off the clock, doesn’t pay you for on the job travel time, doesn’t record time that you work, or takes other steps to improperly reduce your pay, you may have a wage and hour case. A dedicated Nashville wage and hour attorney can conduct a thorough investigation into whether your job violated the Fair Labor Standards Act and based on those violations, if you are able to recover past unpaid wages. For a free consultation with an overtime lawyer in Tennessee today, call our firm toll-free at 800-529-4004 complete our online form.