Virginia Wage and Hour Attorney
One of the primary obligations of Virginia employers is to make sure employees receive proper payment for the hours they work. Laws such as the Fair Labor Standards Act (FLSA) requires employers to treat employees fairly and to compensate them in a reasonable manner.
If you have a dispute with your employer over wages, contacting a Blacksburg employment attorney could help protect your rights and assist you in receiving the full compensation you are entitled to under federal and Virginia labor laws.
Common Violations of the FLSA
FLSA requires that workers receive at least a minimum wage for every hour in which they work. Non-exempt workers are owed additional compensation for working in excess of 40 hours per week.
Some employers try to avoid the requirements of FLSA by doing things like inaccurately classifying non-exempt employees as exempt to avoid paying overtime or use creative means to justify paying workers less than minimum wage. Some employers may force employees to work off the clock or change timecards without the employee’s knowledge. A few employers have required their employees to come in at their scheduled time but wait to clock in until they are told to do so. Any of these types of things could be a violation of FLSA entitling the employee to additional compensation.
Understanding Exempt and Non-Exempt Employees
Many occupations are considered exempt from FLSA regulations, such as employees of airlines, babysitters, interstate truck drivers, newspaper delivery people, and white-collar workers. There is a simple test you can use to determine if you are exempt from FLSA.
Exempt From FLSA Test
- Are you paid $47,476 or more per year?
- Are you a salaried worker?
- Do you perform high-level jobs for the company, such as administrative or executive functions?
If you answered “yes” to all the above, you are likely exempt from FLSA. This likely means that you are not entitled to things like overtime pay under FLSA. But, if you answered “no” to any one of the three questions, you are probably a non-exempt employee and therefore entitled to pay and protections afforded you by FLSA.
If you are still unsure, you should contact a Virginia employment attorney to evaluate your situation. It is a very difficult fight to get compensation from an employer without the assistance of an experienced Virginia employment attorney.
What About Tipped Employees?
Tipped employees are often taken advantage of by employers. Under FLSA guidelines, the total per-hour pay of a tipped worker combined with their tips must match the state minimum wage. If you work short shifts during busy times, you make more than minimum wage, but many tipped employees are required to come in early to set up or stay late to clean up or work during the slow periods when they do not receive much in the way of tips. If your wages and tips do not add up to minimum wage, you may be entitled to compensation from your employer.
Sometimes employers require tipped employees to share their tips with non-tipped employees such as cooks, dishwashers, and managers. If you have been required to participate in an illegal tip pool, contact Jeffrey Van Doren, PLLC for help.
A Virginia Employment Attorney Can Help
If you believe that your employer is violating FLSA or you are having a wage dispute with your employer, contact our Virginia employment attorney. Jeffrey Van Doren is an experienced Virginia employment attorney. He may be able to help you recover the compensation you are owed.