What Do Employers Need To Know About The FLSA In New Jersey?
The Fair Labors Standard Act (FLSA), passed in 1938, passed certain laws governing the employer-employee relationship. Specifically relating to pay and other issues, it is a must for employers to abide by these regulations, otherwise legal action can be taken against them. The FLSA was passed to protect employees from exploitation and unfavorable conditions as well as bestow on them certain rights. Let’s take a look at some of the most relevant FLSA regulations below.
Minimum Wage
Although the hourly minimum wage varies by state, all employees are entitled to at least the federal minimum wage. In states where the minimum wage is higher than that, employees are entitled to a higher amount. Employees for whom tips make up part of their pay are subject to a reduced minimum wage, however, there are certain conditions: the employee gets to keep all tips and the total hourly rate after adding tips must add up to at least the federal minimum wage. If the net hourly rate does not add up to the federal minimum wage, the employer is liable to make up the difference. Besides that, as of 2018, a new regulation was passed under the FLSA prohibiting employers and managers from taking a share of employees’ tips.
Overtime Pay for Nonexempt Workers
If you are a covered nonexempt employee and worked more than 40 hours in any given week, you are entitled to 1.5 times of our hourly wage. It is as simple as that – the number of hours an employee aged 16 and older can work per week is not limited, nor is overtime pay required for work performed on weekends and public holidays. As long as your total hours exceed 40 in a week, you are entitled to overtime pay. Laws may vary by state but as usual, you are covered under the law that provides a better benefit, be it state or federal.
Keeping A Record of Employees and Pay Schedules
Under the FLSA, employers must keep a record for every employee they hire. This must include basic information such as the employee’s personal information. Besides that, a record of how much they are paid and how frequently has to be updated regularly. For nonexempt workers, a record of the hours worked and any overtime pay they are entitled to has to be included as well. There is no standard format this record has to follow as long as the relevant information is reported.
Carcich O’Shea Takes Your Workplace Claims Seriously
If you believe that your employer has violated any of the FLSA regulations, it is time to put a stop to it. Suffering in silence only puts yourself and your financial situation at a disadvantage. You do not have to be afraid of lodging a claim against your employer – here at Carcich O’Shea, we are here to listen and assist you. Our experienced attorneys specialize in employment law and business litigation and will fight relentlessly for what is your right. Please do not hesitate to contact us today if you have a workplace claim to file.