The FLSA requires that employers pay employees a certain minimum wage and pay certain “non-exempt” employees overtime at the rate of one-and-one-half-times their regular rate of pay. Employers regularly violate this rule by classifying employees who should be non-exempt as exempt to avoid paying them overtime wages. Other employers violate the FLSA when they offer employees “comp time” instead of paying the required overtime.
To learn more about employee rights and employer obligations under the FLSA, visit the Department of Labor’s page on the topic here. Also keep in mind that many states have minimum wages laws higher than the federal minimum. For instance, while the federal minimum wage is currently $5.15 per hour, New Jersey and New York require employers to pay $7.15 per hour. If you are not being paid the minimum wage or work more than 40 hours per week without receiving overtime pay, you should contact Lauren Bercik at 732-863-9900 or LBercik@hnwlaw.com/ to discuss your rights.