Fair Labor Standards Act (FLSA)

FLSA Violations Attorneys in Rockford

Experienced Representation for Illinois Employees

Every employee has the right to a safe and non-discriminatory work environment. While there are various state and federal employment laws in place to protect the rights of employees, it isn’t uncommon for Illinois workers to suffer workplace misconduct at the hands of unethical employers. 

That’s where our dedicated employment law attorneys come in. At USA Employment Lawyers, we have extensive experience representing wronged workers from many diverse walks of life. From wage and hour violations to biometric privacy, our knowledgeable advocates have the specialized knowledge and training to passionately protect your employee rights. 

Are you the victim of an FLSA violation? Turn to a Rockford lawyer who can protect your employee rights. Call (800) 483-0998 to request a consultation.

What Is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) is a federal law passed in 1938. It was enacted to protect the rights of employees and establish standards for minimum wage, overtime pay, hours worked, and child labor provisions by outlining legal guidelines for covered employers to ensure fair treatment and compensation for U.S. employees.

At USA Employment Lawyers, we believe in upholding the principles of the FLSA and holding employers accountable for any violations. Consider the following breakdown of key employment sections covered under the FLSA: 

FLSA Minimum Wage

Under the FLSA, all covered non-exempt employees are entitled to receive a minimum wage. Currently, the federal minimum wage is $7.25 per hour. However, some states or localities may have higher minimum wage rates. As of 2023, the minimum wage in Illinois is $13.00 for employees aged 18 years or older. 

Gratuity Jobs and Age in IL

With jobs that include gratuity, such as bartending and waiting tables, an employer may pay only 60% of the minimum wage to their employees. This comes out to $7.80 an hour in Illinois.

Age also affects the minimum wage. Employees under 18 must get at least $10.50 an hour, and if their job includes gratuities, that figure drops to $6.30 an hour.

Furthermore, the lowered rate for gratuity jobs can raise to the standard minimum wage rate. Servers and bartenders must often do “side work,” such as cleaning, rolling silverware, and so on. If this side work takes longer than 30 minutes, these workers should earn the full minimum wage for that extra time.

Our skilled employment lawyers can help you determine whether you are being paid the appropriate minimum wage and take action if your employer is in violation.

FLSA Overtime

The FLSA mandates that covered non-exempt employees must be paid overtime wages for any hours worked beyond a standard workweek. Overtime pay should be at least one and a half times the regular hourly rate. If you feel your employer has failed to compensate you for overtime work, our experienced attorneys can assess your situation and help you file a claim.

Hours Worked

The FLSA provides guidelines on what constitutes "hours worked" for the purpose of calculating wages and overtime. This includes both time spent performing job-related activities and certain types of waiting or travel time. We can assist you in determining whether your employer is correctly accounting for all hours worked and ensure that you are being compensated accordingly.

Child Labor

The FLSA includes provisions to protect minors from exploitative work conditions. It sets restrictions on the types of work, hours, and conditions under which individuals under the age of 18 can be employed. If you suspect that your employer has violated child labor laws, we can guide you through the legal process and help safeguard the rights of young workers.

Tipped Workers

The FLSA sets forth specific regulations and requirements for employers when it comes to compensating tipped employees, particularly in the restaurant industry. Here are some key points to consider:

  • Minimum Wage: Under the FLSA, employers must ensure that tipped employees receive at least the federal minimum wage. However, there is a provision known as the "tip credit" that allows employers to pay a lower cash wage as long as the employee's tips make up the difference. 
  • Tip Credit: To take advantage of the tip credit, employers must meet certain criteria. They can’t claim tip credit unless employees retain all tips they receive, with the exception of valid tip pooling arrangements.
  • Tip Pooling: Under the FLSA, employers can require employees to participate in a tip pool, but there are conditions. Employers must notify employees of any required tip pooling arrangement, and the pool can only include employees who customarily receive tips (such as servers, bussers, and bartenders). 
  • Service Charges vs. Tips: Service charges, which are mandatory fees added to a customer's bill, do not qualify as tipped wages under the FLSA. Employers cannot use these service charges to fulfill their obligation to pay the minimum wage or calculate the tip credit.
  • Recordkeeping: Employers are required to maintain accurate records of tipped workers’ wages, tips, and hours worked. 

Common Types of FLSA Violations in Employment

Our firm handles a wide range of employment law disputes in Rockford and the surrounding areas. When it comes to FLSA violations, our attorneys have a successful track record representing wronged workers in various types of claims, including: 

  • Wage and hour claims – If you believe that your employer has failed to pay you the appropriate wages or overtime compensation, we will thoroughly investigate your case and fight for the wages you are owed.
  • Employee misclassification – Employers sometimes misclassify employees as independent contractors to avoid certain obligations, such as paying overtime. We can help determine if you have been misclassified and pursue legal action if necessary.
  • Unpaid breaks and off-the-clock work – If you are not being provided with required breaks or are asked to work off-the-clock without compensation, we can help you understand your rights and seek justice for any violations.
  • Employer retaliation for filing FLSA claims – It is unlawful for employers to retaliate against employees who assert their rights under the FLSA. If you have faced retaliation for filing an FLSA claim, our attorneys will advocate for your rights and seek appropriate remedies.

At USA Employment Lawyers, we’re committed to protecting the rights of employees and fighting against FLSA violations. Call (800) 483-0998 to learn how we can help you navigate the complexities of court while ensuring your employee rights are upheld.

Contact a Trusted Rockford Employment Lawyer

The average American spends one-third of their lifetime working, and no one deserves to suffer that time in an unsafe or unhealthy work environment. That’s why our firm is committed to protecting the rights of employees in Rockford and beyond. 

If you’ve been discriminated against in the workplace, it’s imperative to consult with an experienced employment lawyer as soon as possible to exercise your rights and preserve your economic security in today’s uncertain workforce. Our Illinois advocates can demand justice and pursue the maximum compensation you deserve. 

No one deserves to be mistreated in the workplace. Contact us online to discuss your case with a skilled Rockford employment lawyer.

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