FLSA Protects California Workers and Employers – California Labor and Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on October 22, 2012

The Fair Labor Standards Act (FLSA), enacted in 1938, established a minimum hourly wage for covered employees working in the United States.  Though the FLSA does not set a cap on the number of hours an employee may work, an hourly paid employee is paid overtime equal to one-and-a-half times the regular rate for every hour he or she works over 40 hours in a work week.  Workers paid a fixed salary are also covered by the FLSA minimum wage requirement.  To calculate the hourly wage for a fixed salary, an employee divides the salary they receive in a pay period by the number of hours they worked in that pay period.

In California, the minimum hourly wage is $8.00 ($10.24 in San Francisco).  Employees are also entitled to overtime pay for any hours worked over 8 in a day.

Employers who violate FLSA requirements can be sued by their employee.  A FLSA action must be brought within two years of the violation, however if the court determines that the employer’s violations were willful, the statute of limitations is extended a year to three years total

Blumenthal, Nordrehaug & Bhowmik is a California labor and employment law firm that represents California employees with wage and hour claims against their current or former employer.  If you feel your California employer is violating FLSA and/or California wage statutes, contact Blumenthal, Nordrehaug & Bhowmik for a free confidential consultation by calling (800) 568-8020.

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