Recent Changes to Fair Labor Standards Act
The Fair Labor Standards Act of 1938 is one of the most important pieces of legislation ever enacted, giving a voice to the millions of Americans in our workforce. It not only protected the workers from abuses by their employers, but it also established a nationwide code of standards for labor management in general such as minimum wage, ages for working, and industrial exemptions.
In August 2004 lawmakers made critical changes to the FLSA. Citing a need to adjust the act to reflect the new areas of information technology and administrative management, the government adopted new standards for overtime eligibility testing. Ostensibly these changes were an effort to control the growing number of workers who manage others without academic training, but in real terms it meant millions of previously eligible people could now be forced to work longer and harder without compensation for their extra labor.
If you are one of the many workers suffering unjustly because of labor law infractions, you may have a right to take legal action against your employer. Labor litigation is incredibly complicated, so you need to consult an experienced FLSA attorney today in order to protect your legal rights. Contact someone today.
State Laws and FLSA Regulations
Individual states have a number of freedoms when enacting their own labor laws, as long as these laws do not violate federal statutes, which take precedence. Because the cost of living varies greatly across the country, many states use this freedom to set their own minimum wage, which must be at least equal to that set by the federal government. They can also regulate the number of hours worked in a week, set minimum age requirements, and establish overtime wage rules, as they do not conflict with federal law.
As the federal Fair Labor and Standards Act changed in 2004, many individual state governments also followed suit. Unfortunately for the American worker, the tighter restrictions on qualifying for overtime pay in essence allowed thousands of businesses to save millions of dollars while forcing their workers to work longer hours for less pay. Millions of workers have found their jobs "reclassified" so that their employers can avoid giving them their earned overtime pay.
There are specific wage and duty tests that your employer must consider before they can deny you earned pay. If you believe that you are being treated unfairly, you need to contact a labor attorney immediately. You may have the right to take action against your employer if they are in violation of the state's labor laws. Contact someone today.
California Labor Code & FLSA Lawsuits
California is home to millions of hardworking and responsible people who deserve to be compensated for their extra labor. Historically California has had extremely comprehensive labor laws, but due to the recent changes in the federal Fair Labor Standards Act, many California employers no longer feel compelled to honor outdated overtime agreements.
Further complicating the situation is the fact that some California labor code laws are directly tied to many federal labor laws. The new changes to the California labor code are very complicated and widespread confusion will likely lead to a large number of lawsuits from unhappy and aggravated employees.
The California Labor code is inherently complex. If you've been adversely affected by a change in the code or are the victim of an outright infraction in the law, you deserve experienced legal guidance. Don't wait - call a knowledgeable FLSA attorney at once.