Attorney
Are you concerned that errors in your employer’s timekeeping might be costing you hard-earned money? At Mitchell & Sheahan, P.C., we focus on helping employees like you recover wages lost due to inaccurate timekeeping. Our lawyers can assess your situation, explain your rights under the FLSA, and help you claim any unpaid wages or overtime.
If you suspect your pay is not reflecting the hours you’ve worked, don’t wait. Contact Mitchell & Sheahan, P.C. for an initial consultation to learn how we can help you secure the wages you are owed.
What Is the FLSA?
The Fair Labor Standards Act (FLSA) is a federal law that sets basic labor standards to protect workers in the United States. Congress passed the FLSA in 1938 to ensure that all workers receive fair treatment regarding pay and work hours. This law applies to most workplaces.
One of the key features of the FLSA is that it establishes a minimum wage. This means employers must pay their workers at least the federal minimum wage for all work hours. The law also defines overtime pay and mandates it for most hourly employees, who earn overtime pay when working more than 40 hours a week. For any hours over 40, the law requires employers to pay covered workers one and a half times their regular hourly rates.
The FLSA also sets rules for employing minors, restricting the types of jobs and hours they can work to ensure their safety and well-being. By setting these standards, the FLSA aims to protect workers from unfair practices and improve working conditions nationwide.
The Role of Time Records in FLSA Compliance Cases
Time records play a crucial role in FLSA compliance cases. These records allow employees to verify that their employers are paying them correctly according to federal law. Employers must keep accurate records of the hours each employee works. Time records are essential for calculating pay, especially when it involves overtime.
Under the FLSA, employees should receive overtime pay at one and a half times their regular hourly rate for work beyond 40 hours in a week. Without accurate time records, confirming whether employers are meeting these requirements can be difficult or impossible. If an employer fails to keep proper time records, they might not pay workers the correct amount for overtime, which is ultimately a form of wage theft.
Accurate time records also provide critical evidence in cases where employees claim that their employers have violated FLSA rules. These records can support an employee’s case or resolve pay disputes. Understanding the importance of keeping and checking time records empowers employees to protect their rights and ensure they receive fair compensation for their work.
Common Issues with Time Records
Employee time records are essential for ensuring fair pay but often contain errors or inaccuracies that can affect workers negatively. Here are some typical issues with time records that employees might encounter:
- Incomplete Records: Sometimes, employers fail to record all the hours an employee works. This is common when employees work before or after scheduled shifts or during supposed breaks. If employers do not log these hours, they might not pay employees for all the time they have worked, leading to short-changed paychecks.
- Rounding Errors: Employers might round the hours that employees work to the nearest quarter-hour. This practice can lead to workers losing out on pay. For example, if an employee clocks in at 8:53 AM and out at 5:07 PM, the employer might record their hours as 9:00 AM to 5:00 PM. Over time, these small discrepancies can add up, costing employees significant amounts in earned wages.
- Automatic Break Deductions: Some employers automatically deduct time for breaks, regardless of whether employees actually take these breaks. If workers skip breaks to finish tasks or address workload demands, their employers might still deduct the break time from their total hours, resulting in considerable pay losses.
- Altered Time Sheets: Some managers or supervisors might change an employee’s time records to avoid paying overtime or comply with budget constraints. This can involve reducing hours worked or adjusting the times an employee clocked in or out, leaving workers with less money than they have earned.
What Are Your Rights If Your Employer Does Not Comply with the FLSA?
If your employer fails to adhere to FLSA rules, you have the right to address the situation and demand fair treatment. Specifically, you have the right to file a complaint with the U.S. Department of Labor (DOL), which enforces the FLSA. The DOL can investigate your claim and require your employer to pay any wages they owe you, including back pay for unpaid overtime.
You also have the right to take legal action against your employer. When you file a lawsuit, you can demand the wages you earned plus additional compensation. A court might even require your employer to pay your legal fees if you win your case.
An FLSA compliance lawyer can make a significant difference in your claim. They understand the details of state and federal labor laws and can guide you through the legal system. They can also gather evidence, such as time records and pay stubs, to support your case. By working with a lawyer, you can effectively address violations and protect your rights under the FLSA.
Contact Our Stratford Labor Law Attorney Now
Ready to take action on your FLSA compliance case? Contact Mitchell & Sheahan, P.C., today. Our team is eager to provide the support you need to address any issues with your pay and time records. We’ll help you understand your options and work with you to pursue all the wages you are due.