Minimum Wage Claims
Any Tennessee worker is required to be paid a minimum requirement of $7.25 an hour for every hour worked. However, an estimated three million workers in America are unfortunately not paid this minimum requirement for their work. If you are paid less than the requirement or are not paid for hours you work over forty hours, you may be entitled to more compensation and should contact a Tennessee Minimum Wage Attorney to help you get the pay you deserve.What Is the Fair Labor Standards Act and How Does it Work?
The Fair Labor Standards Act (FLSA) requires all employers pay their workers a minimum wage for every hour they work. If employers do not follow the requirements of this act they are responsible for damages to the employee and all fees from an attorney upon a lawsuit.How Do Employers Avoid the Minimum Wage Requirements?
Unfortunately, some workers are exempt from the requirements of the FLSA. Employers may give employees certain titles or tasks and pay them by salary so that an exception applies to the FLSA. However, job requirements actually decide whether they are exempt from the law.
Some examples of the employees that may be exceptions to minimum wage requirements include:
- Professional employees (i.e. administrative personnel, executives)
- Employees that travel by sea on foreign vessels
- Educational professionals (i.e. teachers, training professionals)
- Small farm employees
- Babysitters and home health care professionals
Some examples of employees that are NOT exceptions to the minimum wage requirements include:
- Professionals performing clerical tasks
- Valet parking attendants
- Cooks or chefs
- Correctional officers
- Factory workers
- Construction employees
- Maintenance employees
- Security staff
- Hotel employees
- Retail and service employees
Working off the clock is when an employee is asked by their employer to clock out even when their workday has not ended. A manager may ask an employee to clock out to complete work that they think should have been finished during the workday.What Is an Automatic Deduction of Mealtime?
This is when some employers automatically deduct a mealtime even if the employee does not take an actual meal break. This could violate minimum wage requirements and overtime compensation laws.What Happens When an Employer Gives Short Breaks to Employees?
The FLSA requires that an employer give breaks for resting to employees. However, some employers may try to deduct other short breaks from your pay. But if the break is less than twenty minutes, employers may not deduct it.What Requirements Apply to Independent Contractors?
The FLSA only applies to employees and not independent contractors. Because of this, some employees have been given the title of independent contractor to avoid fairly paying those employees. Unfortunately, the FLSA broadly defines “employee.” In court, the tests determining whether the worker is an employee or independent contractor may include a “right of control test” and an “economic reality test.” Each test uses certain criteria to classify the worker. These criteria may include:
- Using their own tools
- Able to work for other employees
- Setting their own work schedule
- Able to hire help
- Deciding how the work is completed
If you feel that your minimum wage rights have been violated, then we encourage you to contact a Tennessee Minimum Wage Attorney immediately. At The Higgins Firm, we are experienced in minimum wage cases and we care about getting you the compensation you deserve.
Contact us online or call 800-705-2121 for a free consultation to discuss your legal options and your minimum wage rights.