The Fair Labor Standards Act (FLSA) provides many wage and hour provisions that apply to nearly all workers in the United States. Two main considerations include that workers be paid at least minimum wage and that non-exempt workers who work more than 40-hours in any work week be paid overtime compensation (typically one and one-half times their standard rate of pay), for all extra time worked.
However unfortunately, FLSA violations are frequent at many workplaces. A recent study found that such violations are particularly common in the health care industry. Some issues that occur repeatedly include miscalculations of a worker’s standard rate of pay when determining their “overtime rate.” This includes failing to include non-discretionary or incentive pay when making this calculation. In general, one’s regular rate of pay is determined by adding up all non-overtime earnings in a week divided by total hours worked – a sum that may be different than simply relying on a worker’s base pay.
Another potential area of concern includes automatically deducting breaks from worker’s paychecks, or not allowing workers to take full meal breaks. By doing so, an employer may fail to compensate a worker for all time worked, including failing to pay earned overtime compensation. Due to the unpredictable and often critical nature of health care, workers may be needed to assist patient and may be unable to take a full scheduled break. However, failing to pay them when they work through breaks is an FLSA violation.
Ensuring you receive the compensation you deserve is critical. If you have questions about your pay or any other wage and hour concern, please contact the dedicated Georgia wage and hour attorneys at Buckley Bala Wilson Mew LLP for a confidential case evaluation.