Memphis FLSA Attorney

What Is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) sets the federal standards for the overtime pay and wages of workers. If you believe that your employer is not paying you overtime wages under the FLSA or is violating FLSA standards in any other way, we at Donati Law, PLLC are here to give you a helping hand. We understand that wage and labor issues can be stressful—we can take care of all the details on your behalf.

What is the Minimum Wage?

Effective July 24, 2009, the federal minimum wage is $7.25 per hour. Many states also have minimum wage laws. If you are subject to both federal and state minimum wage laws, you are entitled to the higher minimum wage.

Call (901) 209-5500 or contact us via online form to schedule an initial consultation with an FLSA lawyer in Memphis as soon as possible.

Identifying Wage Violations in Tennessee

The most common type of wage violations involves overtime pay. In Tennessee, employees are entitled to overtime pay if they work more than 40 hours per week. If your employer fails to pay you overtime, it is technically considered "wage theft" because they are keeping money that belongs to you.

Note that not all employees are entitled to overtime pay:

  • Non-exempt employees are eligible for overtime. They are paid via salary or hourly wages.
  • Exempt employees are not eligible for overtime. They are paid on a salary, not hourly; earn at least $684 per week (as of January 1, 2020); and perform professional, executive, or administrative duties.

Common Wage Violation Scenarios

  • Denying employees overtime because they are salaried
  • Misclassifying employees as "exempt" when they should be "non-exempt"
  • Offering time off for extra hours worked instead of overtime
  • Having the employee perform duties that are for both exempt and non-exempt workers

If you believe your employer is not paying you fairly, reach out to Donati Law, PLLC today. Our FLSA lawyers in Memphis have years of experience and are prepared to look into your matter. Call to schedule a case evaluation today.

How Do I Report a FLSA Violation?

To file a complaint, you must get in touch with the U.S. Department of Labor’s Wage and Hour Division (WHD). Be sure to provide the information below:

  • Your name
  • Your address and phone number
  • The name of your employer
  • Location of your employer (this may be different than the location you physically worked)
  • Your employer’s phone number
  • Manager or owner’s name
  • A description of the type of work that you did
  • How you were paid (via cash, check, direct deposit, etc.)
  • When you were paid (weekly, semi-monthly, biweekly, etc.)

Their services are free and confidential, whether or not you are documented, and your employer is cannot retaliate against you for filing a complaint with the WHD. For legal guidance, contact our Memphis FLSA lawyers. We have years of experience and are dedicated to protecting employees' rights.

Delivering High-Caliber Legal Representation Since 1980

Since 1980, our firm has become known for delivering legal representation of the highest caliber to the individuals. As a family practice, we make every effort to treat our clients as members of our own family. We are committed to ensuring that our clients are satisfied with our services, from start to finish. We will carefully review the details of your FLSA case in order to determine if your employer has violated federal laws. If so, we will help you take immediate and decisive legal action. We will work hard to recover any wages you are owed.

Our Memphis employment law lawyers have been distinguished in the following ways:

  • Honored with inclusion on the Super Lawyers® list
  • Included in U.S. News - Best Lawyers "Best Law Firms"

Need Help? Contact Donati Law, PLLC Today.

If you need help addressing a legal issue related to the FLSA, our firm is ready to provide you with the counsel and guidance you need to take action. We are passionate about protecting the rights of workers. We can answer your questions and create a results-driven strategy specifically for your case.

Give us a call today to speak with us about your legal needs as soon as possible.

Understanding Labor Law in Memphis: Your Rights and Resources

At Donati Law, PLLC, we recognize that navigating labor law issues in Memphis can be daunting. With the bustling economy and diverse workforce in areas like Downtown Memphis and Midtown, many employees face unique challenges related to wage violations and overtime pay. The Tennessee Department of Labor and Workforce Development is a valuable resource for workers seeking information about their rights under state labor laws. They provide guidance on wage standards and can assist in understanding the nuances of local regulations.

Memphis workers often encounter pain points such as misclassification of employment status, which can lead to unfair denial of overtime pay. For instance, if you work in the hospitality industry in the vibrant Beale Street area, you may find that your employer misclassifies you as exempt, denying you the overtime pay you rightfully deserve. This is a common issue that can lead to significant financial strain, especially for those supporting families in our community.

Understanding Your Rights Under the FLSA

As an employee in Memphis, it's crucial to know your rights under the Fair Labor Standards Act (FLSA). This federal law establishes minimum wage, overtime pay, and youth employment standards, ensuring fair treatment in the workplace. At Donati Law, PLLC, we are committed to empowering you with the knowledge you need to navigate labor law effectively.

Key rights protected by the FLSA include:

  • Right to Fair Compensation: Ensure you receive at least the minimum wage established by federal and state laws.
  • Overtime Pay: If you work over 40 hours in a week, you are entitled to receive 1.5 times your regular rate for those extra hours.
  • Protection Against Retaliation: You have the right to report violations without fear of retribution from your employer.
  • Child Labor Protections: The FLSA provides specific regulations on the employment of minors to protect their welfare.

By understanding these essential rights, you can take proactive steps to safeguard your interests in the workplace. Our legal team at Donati Law, PLLC is here to guide you through any questions you may have and assist you in taking the necessary actions to uphold your rights.

Your Path to Justice: Understanding Employee Protections

Many employees in Memphis may not be fully aware of their rights under federal and state labor laws. Knowledge is power, and understanding these protections can be crucial not only for addressing violations but also for ensuring a fair workplace. At Donati Law, PLLC, we prioritize educating our clients about their rights, enabling them to make informed decisions when facing employment issues.

Here are some essential employee protections that you should know:

  • Protection from Retaliation: Employees are legally protected from retaliation for asserting their rights, such as filing complaints regarding wage violations.
  • Right to Overtime Pay: Most employees are entitled to overtime pay for hours worked beyond 40 hours a week, ensuring fair compensation for additional labor.
  • Equal Pay for Equal Work: The law mandates that employees performing the same work should receive equal pay, regardless of gender or other factors.
  • Safe Work Environment: Employers must provide a workplace that is free from recognized hazards, safeguarding the health and safety of employees.
  • Family and Medical Leave: Eligible employees have the right to take unpaid leave for specific family and medical reasons while retaining their job security.

If you believe your rights have been violated or if you have questions about your employment situation, don’t hesitate to reach out. The experienced team at Donati Law, PLLC is here to guide you and advocate for your rights every step of the way.

Contact us today to discuss your situation and learn how we can assist you in addressing labor law issues in Memphis.

Commonly Asked Questions

What are common signs of wage violations under the Fair Labor Standards Act?

Common signs of wage violations under the Fair Labor Standards Act (FLSA) include not receiving overtime pay for hours worked beyond 40 in a week or being misclassified as exempt from overtime when you should be non-exempt. Additionally, if you are offered time off instead of overtime pay or are paid for working hours less than your agreed wage, this could indicate a violation. In Memphis, if your employer is denying fair compensation, it’s crucial to reach out to qualified attorneys who can help investigate these issues and pursue your rights.

How can workers in Memphis benefit from understanding the Fair Labor Standards Act?

Understanding the Fair Labor Standards Act (FLSA) is crucial for workers in Memphis as it outlines their rights regarding minimum wage and overtime pay. Greater knowledge of these laws enables employees to recognize when they might be facing violations. For example, if you work more than 40 hours a week and are not compensated accordingly, you could be entitled to claim those wages. Additionally, being informed about your entitlements can empower you to take action if you believe that your rights have been violated, ensuring you receive fair compensation for your work.