The FLSA and the Portal-to-Portal Act

Posted by on Nov 30, 2016 in Business Law | 0 comments

Overtime pay, which is payment employees receive for the extra hours of work that they render in excess of the required eight-hour workday or 40-hour work during a week is hard-earned money for many rank-and-file employees. Not all employees are eligible to render overtime, though. Those who are eligible to it, known as “nonexempt” employees, take advantage of it as often and as much as they can, therefore, for the extra money they can earn.

A few of those who are not eligible to render overtime, also known as “exempt” employees, are: professional employees paid on a salary basis; those occupying administrative or executive positions; salespeople whose work is outside the office; volunteer workers; independent contractors; those employed in recreational or seasonal amusement businesses, and conference centers or organized camps which operate for less than seven months in a year; some switchboard operators; seamen; newspaper deliverers; and, criminal investigators.

Employees in business firms that are covered by a state’s overtime law or by the Fair Labor Standards Act of 1938 or FLSA, also known as the Wages and Hours Bill, are automatically non-exempt employees – thus, they are eligible to overtime work and pay. The FLSA, which the U.S. Congress passed into law in 1938, directs businesses and sets the regulations regarding child labor, record-keeping, overtime pay and minimum wage; it was enacted to benefit every employee, full-time or part-time, whether in a private or public firm. In connection to the FLSA, the Portal-to-Portal Act was executed in 1947; it stated that any work performed on behalf of the employer is work that ought to be compensated.

Besides ensuring that employees are never taken advantage of by their employers, the FLSA stipulated the eight-hour workday and the 40-hour work week to allow employees in the U.S. to work productively, while giving them enough time with their families, as well as enough time for proper rest; increase the work hours and you start denying your rank-and-file employees family time and the relaxation that keeps them sane and renewed every time they go back to the worktable.

While protecting the rights of the employees, the FLSA is also actually benefiting businesses too. It was never meant to undermine the interest and profitability of firms. Thus, any employer attempt to violate the rights of non-exempt employees to overtime work and pay should be dealt with legally to give to employees what they rightfully deserve and to end such unjust practice in the workplace.
According to Houston business lawyers of Williams Kherkher, it is not rare for employers to come up with inventive ways to deny people the overtime pay they deserve. Some reasons employees may not be receiving full compensation for their work that may qualify them to file an FLSA overtime claim include:

  • Their employer does not compensate them for the time they worked “off-the-clock” even though the work is related to their job, including pre-shift meetings or the time it takes to don safety gear;
  • Their employer misclassifies them as exempt from overtime pay; and,
  • Their employer miscalculates their overtime pay.

Employees should know and understand that being denied of overtime pay gives them the right to file a legal complaint against their employer for whatever damages this act of denial or discrimination has caused in them.

Leave a Reply

Your email address will not be published. Required fields are marked *