WHAT IS THE FLSA?
The Fair Labor Standards Act (FLSA) establishes a national minimum wage, guarantees "time-and-a-half" for overtime in certain jobs, and prohibits most employment of minors in "oppressive child labor."
COMMON PROBLEMS FACING STUDENTS
Are you in the service industry, relying on tips to make ends meet?
- Failing to pay minimum wage: Currently, the federal minimum wage for anyone 16 or older is $8.10 per hour in Ohio and tipped employees are paid $4.05 per hour. If tips do not cover the difference between the employee's wage and the minimum wage standard, the employer must make up the difference.
Do you get paid for checking your work emails?
- Failure to pay for work done off hours: If a nonexempt employee is performing work-related duties outside the office, even voluntarily, they must be paid for their time spent performing those duties.
Do you ever miss a lunch break at work?
- Failure to pay for missed breaks: If an employee skips their lunch or a break to work, the employee must be paid for that time.
Do you work more than 40 hours a week?
- Miscalculation of overtime: Nonexempt employees must be paid one and a half times their hourly rate for time worked past forty hours in a week.
Does your employer give you a 1099 or consider you not an employee?
- Misclassification of employees: Companies must correctly exempt/nonexempt status as well as properly classify workers as either employees or independent contractors.
Does your employer keep track of your time worked?
- Failure to keep up-to-date records: Employers must keep accurate timekeeping records for time worked by employees.
Has your employer deducted wages from your paycheck for poor performance?
- Unauthorized deductions/poor performance: Employers are not allowed to deduct from an employee paycheck anything other than amounts required by law or authorized by the employee.
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