Get The Pay You Deserve Under The Fair Labor Standards Act

If you have a dispute with your employer about your working conditions or pay disputes, you may be covered under the Fair Labor Standards Act or FLSA. One of our knowledgeable employment law attorneys at Robinson & Clapham can explain when the act applies and who it covers.

We want to help you understand your rights, then stand up for yourself and secure the pay that your employer owes you. We will review the circumstances with you and walk you through how to file a claim to protect your interests.

What Does The Act Cover?

The U.S. Department of Labor administers the FLSA. The act encompasses a variety of things concerning wage and hour requirements. For example, under the FLSA, the current federal minimum wage is set at $7.25 per hour. The act also covers conditions warranting overtime pay, hours worked and child labor. If you feel you did not receive fair wages or overtime pay, you may have a wage and hour case on your hands.

How Does The FLSA Affect Overtime Pay?

In general, the FLSA mandates overtime pay for nonexempt employees who work more than 40 hours in a seven-day workweek. For those employees covered, overtime pay cannot be less than time and a half. Your employer may contract with workers to pay at a higher rate, but not a lower rate. However, only nonexempt employees have coverage under this provision. Your employment law attorney can help you determine if you are exempt or nonexempt, but generally, management and professional employees are exempt from this provision and thus not entitled to overtime under the act.

Common FLSA Violations Rhode Island Workers Face

Employers violate the FLSA in numerous ways, often believing workers won’t notice or won’t challenge unfair practices. Understanding these common violations helps you recognize when your rights have been violated:

• Misclassification of employees as independent contractors: Some employers label workers as contractors to dodge overtime and benefit obligations. The key question is control: if your employer dictates your schedule, supplies your equipment and limits outside work, you’re an employee under the law regardless of your title.
• Improper salary exemptions: A salary alone doesn’t eliminate overtime rights. Exemption requires meeting minimum salary levels and performing true executive, administrative or professional functions. Employers often wrongly claim exemptions for salaried workers whose actual duties don’t qualify.
• Off-the-clock work violations: Any work your employer requires must be paid, whether it happens before your shift starts or after it ends. Pre-shift setup, post-shift tasks, answering work emails at home and job-related calls during breaks all count as compensable time.
• Unpaid meal breaks and rest periods: Breaks where you must handle work duties aren’t really breaks. Monitoring phones, helping customers or staying at your desk during lunch means that time should be paid. Breaks under 20 minutes always require compensation.
• Tip pooling violations: Managers and supervisors cannot participate in tip pools, and your employer cannot force you to share tips with nontipped employees. If your employer takes a tip credit toward minimum wage, your actual tips must make up the difference.
• Recordkeeping failures: Accurate timekeeping is your employer’s legal obligation. Altering records, failing to track hours properly or destroying documentation to hide overtime violations compounds the original wage theft.

These violations often overlap, and experiencing one type may indicate other FLSA violations in your workplace.

What To Expect When Filing An FLSA Claim

Understanding the claims process helps you prepare for what’s ahead and feel more confident about pursuing the wages you’re owed.

1. Strong claims require documentation. Collect pay stubs, time sheets, work schedules and any communications about your hours or duties. Keep personal records of hours worked, especially if your employer’s records are inaccurate. Save emails or texts where supervisors asked you to work off the clock or performed tasks during unpaid breaks. Gather your employment contract, offer letter and job description.
2. FLSA cases vary in timeline. Some employers settle quickly once confronted with evidence of violations. Others fight claims, extending the process to months or over a year. We work efficiently to resolve your case while ensuring you receive full compensation. The FLSA’s two-year statute of limitations (three years for willful violations) means that acting promptly protects more of your wages.
3. Employers respond to FLSA claims in various ways. Some immediately correct violations and pay back wages to avoid litigation. Others deny wrongdoing and claim you were properly classified or compensated. Some employers retaliate by reducing hours, changing schedules or creating hostile work environments. We prepare you for likely responses based on your employer’s history and the strength of your evidence.

The FLSA prohibits retaliation against workers who file wage claims or participate in investigations. Retaliation includes termination, demotion, reduction in hours, hostile treatment or any adverse action because you asserted your rights. If your employer retaliates, you have additional claims for damages. We help you document retaliation and take swift legal action to protect you.

Ask Us Whether Your Employer Violated The FLSA

At Robinson & Clapham, you can entrust your matter to an experienced lawyer who will help you explore your best legal options. To make an appointment and schedule a consultation, call our Providence office at 401-661-8287 or our Wakefield office at 401-783-3600. You can also contact us by using our online contact form.