The Fair Labor Standards Act (FLSA) is a set of federal laws that dictate minimum wage and overtime regulations for most businesses and employees. When an employer or an employee is exempt from FLSA, it means that they do not meet the requirements necessary for these laws to apply. Most employers are required to comply with FLSA standards, though there are a few exemptions that can excuse a business from compliance.
In order to be exempt from FLSA, a business must not meet either of these requirements:
· Is responsible for annual sales totaling more than $500,000
· Conducts interstate commerce, which includes phone calls between states, using the U.S. mail to send and receive mail between states, and even accessing internet servers in other states.
Because of the broad definition of interstate commerce, most employers are required to follow FLSA laws. If you suspect that your employer may be violating FLSA regulations, you should speak with an experienced employment law attorney to determine whether the FLSA applies.
As an employee, the line regarding FLSA exemptions can be even more blurry. Typically, those who work on commission, who are independent contractors, or who receive their pay on a salary basis and make more than $47,476 per year. These exemptions also include a number of professional, administrative, and executive professions, provided that employees meet both the specific duties and salary requirements. To learn more about FLSA exempt employees, read more here. Each FLSA exemption has specific requirements that must be met for the exemption to apply. If you have questions about whether you are exempt from receiving overtime compensation, our attorneys can assess whether you fall under an FLSA exemption.
Also, keep in mind that even if an employer is categorizing you as an “independent contractor,” you may potentially be misclassified and entitled to overtime pay.
What Is the overtime Standard in Tennessee?
Tennessee follows the FLSA regulations regarding overtime pay rate and how overtime hours are calculated if you are a non-exempt employee under the FLSA, then you should be paid 1.5 times your regular rate for every hour beyond 40 hours you work in a workweek. A workweek is defined as seven consecutive days, and not necessarily a calendar week.
I Think I’m Owed Overtime Pay. Now What?
If you think that you are a non-exempt employee, and have worked more than 40 hours in a given week, you may be entitled to overtime pay, in accordance to federal and Tennessee overtime laws. If you are not receiving the pay you believe that you are owed, don’t hesitate to get in touch with our Memphis employment law attorneys at Donati Law, PLLC.