Wage and Hour Law Enforcement

Federal laws mandating a minimum wage, overtime pay, and fair pay protect most employees in the United States. You deserve fair pay and fair working conditions. However, wage and hour violations are all too common in the workplace. Government agencies, like the Department of Labor, enforce wage and hour laws.

If your employer committed a wage and hour violation, such as failing to pay you overtime or requiring you to work off the clock without pay, you may be entitled to pursue legal action to recover the compensation you deserve. Talking with an experienced wage-and-hour lawyer can help you understand your legal rights and whether you have a claim against your employer for federal or state law violations.

What are Wage and Hour Laws?

Wage and hour laws are labor laws and regulations that determine how employers must compensate their employees for their time worked. The United States Department of Labor (DOL) Wage and Hour Division administers and enforces the Fair Labor Standards Act (FLSA).

These laws govern aspects of employment, including the following:

• Work schedules
• Number of hours in the workday
• Employers must pay an overtime rate of at least one-and-a-half times the employee’s regular rate of pay for all overtime hours of work over 40 hours (overtime provisions)
• Minimum wage rates for all nonexempt employees of at least $7.25 per hour
• Meal periods
• The length of the workweek
• Overtime pay

There’s an exemption for highly compensated employees and certain professional workers. The FLSA also prevents employers from retaliating against employees who exercise their legal authority under the FLSA.

Common Violations of Wage and Hour Laws

The FLSA sets standard wages and hours worked during a pay period. The law requires employers to pay at least the minimum wage and overtime for hours worked over 40 hours per week for certain workers. Common wage and hour violations include the following:

• Time clock rounding
• Tip violations
• Failure to pay overtime
• Mealtime and break violations
• Misclassifying employees
• Requiring employees to work off the clock
• Failure to pay for travel that’s part of an employee’s job

You may be entitled to legal action if your employer commits a wage and hour violation.

FLSA Covers Public Agencies

Provisions of the FLSA cover all public agencies. Under the FLSA, a “public agency” means the government of the United States, a state government, or a political subdivision of a state (local government).

Under certain conditions, state and local government employees may receive compensatory time off. They can receive time off accrual instead of cash overtime compensation. Public safety employees, such as law enforcement employees, fire protection employees, or other emergency response personnel, may receive this time off.

For employees engaged in law enforcement activities, the partial overtime exemption generally does not apply if the employee spends more than 20 percent of their time performing nonexempt work. Different statutory rules apply to employees in fire protection activities.

Steps to Take If Your Wage Rights Are Violated

If you suspect a violation of wage and hour laws, it’s important to act promptly. Take the following steps:

• Document the issue thoroughly: For example, record dates, hours worked, pay received, and all relevant communications that show a violation of wage and hour laws.
• Talk to your employer or Human Resources Department: You may be able to resolve some issues internally if you speak with them and present the evidence you have about your situation.
• Seek legal guidance from a wage and hour lawyer: They can explain your legal options and whether you need to file a complaint with the appropriate government agency responsible for investigating your allegations of noncompliance.

Taking action early when you suspect a wage violation is critical. There are agencies responsible for investigating your claims, and a wage-and-hour lawyer can help.

Role of the Department of Labor in Enforcement

The Department of Labor’s Wage and Hour Division investigates alleged violations of the Fair Labor Standards Act (FLSA) and other federal wage and hour laws. You may contact the Wage and Hour Division if, for example, you allege that your employer failed to pay you the required minimum wage or mandatory overtime pay.

If the Wage and Hour Division determines that the allegations are within its jurisdiction and, if true, constitute a violation of the law, then an investigator will contact your employer.

The investigator could request to examine documents (such as payroll records or time sheets) and interview the employer or employees relevant to the claim. If they find a violation, you may be awarded back pay, and your employer may be required to change its practices to prevent future violations.

Legal Recourse for Wage and Hour Disputes

Employees have legal options when wage and hour disputes arise. If you cannot resolve the situation with your employer, you can report the violation to a government agency, such as the DOL’s Wage and Hour Division, which can investigate credible violations.
You also have the right to file lawsuits against your employer for alleged violations of wage and hour laws. You can learn more about the enforcement of wage and hour laws by discussing your situation and getting legal advice from an experienced wage-and-hour lawyer. They can explain your legal options and any time limits you have for filing a claim.