The Fair Labor Standards Act (FLSA) was passed to ensure that qualifying employees across the United States had a set of guidelines guaranteeing fair and equal pay for work performed. Covering most workers in the US, the FLSA covers aspects from minimum wage to overtime pay. Workers have depended on these rules for decades to avoid being taken advantage of. However, plenty of employers have sought ways around these rules as a way to save money at the expense of the employee. Learning some of these ways can help employees spot unethical practices and take action against them.
Here are some ways employers can work to get around FLSA guidelines.
- Suggesting working through breaks or off the clock to avoid overtime pay
- Providing unequal pay for equal work (from the Equal Pay Act amendment)
- Charging for work equipment, meals, uniforms, etc. off a paycheck to the point of paying less than minimum wage
- Misclassifying job titles and descriptions in attempts to make them exempt
In regards to the last point, not all jobs are covered under the FLSA. Often, executive, administration, professional, and creative positions are exempt from these rules because of the nature of the work. A company may attempt to classify a job under such exemptions when the work performed actually doesn’t qualify.
The FLSA was passed to protect the rights of workers. When these rules are violated, employers use their positions to take advantage of their employees and not fulfill their own obligations. This violates trust and fair play among employers and their employees as well as the rights of the workers. If you notice violations of the Fair Labor Standards Act, do not hesitate to call a lawyer and plan your next step today.