Our Tampa construction attorneys understand how critical it is for employers in the construction industry to abide by employment laws regulated by the U.S. Department of Labor Wage and Hour Division. It is imperative that employers be vigilant about complying with these laws or else subject themselves to fines and penalties.This two-part article will give a brief overview of the Fair Labor Standards Act (FLSA) requirements, typical violations, investigations, and recovering wages along with its limitations. Visit Part 2 for the remainder of the article.
Under the FLSA, construction businesses employing more than one employee and grossing more than $500,000 annually are subject to enforceable employment laws. Employers are required to have an established work week consisting of 40 hours. When eligible employees work above and beyond those 40 hours, employers are required to calculate overtime pay for every hour worked above 40 hours for that particular week. Youth employees have special minimum wage requirements as well. These child labor laws are regulated at the state and federal level.
Avoiding lawsuits requires an awareness of what constitutes a violation and ensuring employers and employees are complying with FLSA regulations. The FLSA provides a list of the most common wage and hour violations on their website. Review these rules to ensure your business is in compliance. The following is a brief list of violations frequently investigated:
- Not recording all hours worked including traveling between job sites, off the clock work, or dressing for job-related duties
- Shorting work hours
- Failing to pay employees for work done during scheduled lunch breaks
- Not paying non-exempt employees appropriate overtime pay
- Deducting time from exempt employees’ pay
- Classifying employees as independent contractors when they are actually employees
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.