The Fair Labor Standards Act (FLSA) provides important employee protections including the right to overtime pay and the federal minimum wage. Though most workers have a fairly general understanding of its provisions, there are many myths about these rights that tend to be confusing.
Below are a few of the most common myths about employee rights repeated by American workers. If somebody, including your employer, uses one or more of these myths to make workplace decisions or determine your working schedule, take the time to explain the truth. If your workplace rights are violated, consider working with an employment lawyer to help you file a complaint with the Department of Labor.
Salaried Employees are Exempt from Overtime Pay
Unlike hourly employees, salaried employees are paid one flat rate for a year’s worth of work regardless of the number of work hours performed, right? Not exactly. Although certain positions are exempt from overtime pay, the pay rate per hour worked can never dip below minimum wage standards, including overtime pay requirements.
You are Entitled to Breaks During the Work Day
In most positions, employees are not entitled to lunch or rest breaks during the day. Exceptions to this include truck drivers, who must take 30-minute breaks after driving for eight consecutive hours; and minors, who must have a 10-minute break for every four hours worked and a 30-minute break if they work more than five hours in a day. Adult employees do not have this right. If you do receive a break during your work day, it is a perk, not a requirement.
You Can Receive Compensatory Time Off In Place of Overtime Pay
Many workers are confused about this myth. The truth is, public sector employees can receive compensatory time off, often known as “comp time,” in exchange for overtime pay if the employee worked more than 40 hours in one workweek. In the private sector, this is not an option. Employees are also not entitled to receive payment for unused vacation, sick, or paid time off days upon their termination or resignation unless this is an established policy for their employer.
Overtime pay must be paid regardless of the circumstances that caused the employee to work beyond their 40 hours. Even if the overtime work was not authorized by the worker’s employer, the worker must be compensated at one and a half times their normal hourly wage for each of those extra hours performed.
Bucks County Employment Lawyers at The Gold Law Firm P.C. Fight to Protect Employee Wage and Hour Rights
Every working person should know their rights regarding compensation and working hour requirements. If you are not sure about your rights or whether they have been violated, discuss your case with an experienced Bucks County employment lawyer. Complete our online form or call 215-569-1999 to schedule your initial consultation with The Gold Law Firm P.C. Our office is located in Philadelphia and we serve clients from New Jersey and Pennsylvania.
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