St. Louis Wage and Hour Violations Attorneys
Wage & Hour Violation, Unpaid Overtime
If you have been unfairly compensated by your employer for work you dutifully completed, it can be a difficult and uncomfortable process to recover the wages you are rightly due. While some employers make honest mistakes, all too often, others have deliberately compensated an employee less than what they deserve. Regardless of the circumstances, it is likely an employer will not view a claim stating that they have violated wage and hour laws to be valid. As a direct result, it is in your best interest to consult with an experienced attorney at Page Law to learn more about your legal rights.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) establishes the standards for minimum wage, overtime pay, recordkeeping, and youth employment. The Act affects employees in the private sector, as well as those in local, state, and federal governments.
The Act makes it mandatory for employers to pay their employees a minimum wage, regardless of whether a state has a minimum wage. In Missouri, the basic minimum wage per hour is $7.65 as of January 1, 2016. While there are certain exceptions, such as employees in the food industry who are able to be paid less than minimum wage since they are given tips to supplement their hourly wages, the Act applies to the majority of workers. Workers that are paid an hourly wage are typically nonexempt from the overtime pay requirements that are set by the FLSA, and as a result, employers are required to pay an employee overtime if they are asked to work more than a certain number of hours. Often, an employer will attempt not to pay workers the wages they are due after working hours in addition to their normal work-week.
Wages for Exempt vs. Non-Exempt Missouri Workers Under FLSA
Salary employees are exempt from several of the requirements for wages and overtime pay under FLSA. The following are a few examples of employees that are exempt from both the overtime pay and minimum wage requirements, according to the U.S. Department of Labor (DOT):
- Employees of certain seasonal amusement or recreational establishments
- Employees working in fishing operations
- Casual babysitters
- Farm workers on small farms
- Administrative, executive, and professional employees, which includes teachers and academic administrative personnel in elementary and secondary schools
There are also some workers that are exempt from the overtime pay requirements only, such as certain commissioned retail employees, vehicle salespersons, vehicle mechanics, railroad employees, and more. Furthermore, there are certain employees that are only partially exempt from overtime pay requirements, such as employees of certain bulk petroleum distributors and employees who do not have a high school diploma.
When an employer lays off employees or delegates certain job functions to employees, some employees may be asked to perform a portion of or all of their work. Consequently, employees exempt from the requirements of FSLA may be asked to do work that was originally meant for nonexempt employees, and vice versa. This may be considered to be a violation of FLSA.
Other Wage and Hour Violations in Missouri
In addition to overtime pay and minimum wage requirements, other wage and hour violations may also be made by an employer, including:
- Charging workers for company expenses;
- Lack of breaks or mealtimes;
- Recordkeeping errors;
- Worker misclassification;
- Working off-the-clock; and more.
Helping You Get the Compensation You Deserve
Our St. Louis wage and hour violation attorneys are committed to helping workers who have been wronged by their employers receive the wages they deserve. We provide each client with the individual attention they need in order to obtain the best possible outcome for their specific situation. To learn how our lawyers can help you protect your legal rights, contact our law offices at (314) 322-8515.