Fair Labor Standard Act

Many people have heard of the Fair Labor Standards Act or the FLSA.  This law enacted to ensure that people who worked overtime would be paid for it.  This law states when an employee and what type of employees must be paid overtime.  Many states also employment law affecting overtime pay.  Mississippi does not.  Not all jobs require an employer to pay overtime.  Many administrative positions are salaried, exempted, and are not required that the employer pay overtime.   Some job allow for compensation time instead of overtime.

The type of employment, the actual job and the type of work will determine if the employer has to pay overtime.  If a person wins this type of case, he or she is entitled to double wages and attorneys.  You can a lawsuit that has several persons suiting the same employer.   Usually these type of suits are employees that worked the same type of job.  Many of these types of suits are brought due to misclassification of employees.  Within the law, there are classifications for listing of jobs that affect overtime payments. For instance, there are special requirements of both fire fires and police officer.  These jobs require a certain number of hours per month prior to the requirements of overtime payments to be required.   Also, certain jobs have exemptions for payment of overtime.  For instance, certain type mechanicals working in specific dealerships are exempted.  Certain farming jobs like hatchery workers are exempted from overtime payment.  Both employer and employee should ensure if the job he or she is working should be or should not be paying overtime.

An employee can bring a lawsuit under this law.  Your job title, duties, requirements and position all play apart in determining if you should be paid overtime. If you think you are entitled to additional pay to need to determine your job, duties, classification and see if there are any exemptions applying to you. An employee must meet several factors in order to win these type of cases

Author Bio

Consumer Law and Bankruptcy Attorney Serving Magee, Mississippi

Daniel Ware is CEO and Managing Partner of Ware Law Firm, a consumer protection law firm in Magee, MS. With more than 25 years of experience practicing law, he has zealously represented clients in a wide range of legal matters, including identity theft, lemon law, debt collection, and other consumer protection matters.

Daniel received her Juris Doctor from the University of Mississippi School of Law and is a member of the Mississippi Trial Lawyers Association. He has received numerous accolades for her work, including being named among The National Top 100 Trial Lawyers.

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