4 Common FSLA Violations

FSLA stands for "Fair Labor Standards Act." This piece of legislation was enacted in the late 1930s with the intent of making sure people are treated fairly in their employment. Sadly, many employers violate various terms of the FSLA, either because they are not aware of these standards or because they do not care. An an employee, it's wise to be on the lookout for violations of the FSLA, and if you do notice violations, bring them to the attention of an FLSA attorney. Here are four of the most common FSLA violations you may note.

1. Not paying for overtime

If a worker is on a wage, rather than a fixed salary, that person has to be paid for the overtime that they work. Employers like to use the terminology "volunteer overtime," but there is no such thing according to the FSLA. If your employer is forcing you to stay overtime and is not paying you for those hours, or if they are change your time sheets whenever you hand them in with overtime hours claimed, that is a violation of the FSLA that deserves to be reported.

2. Improperly classifying employees as contractors

Some businesses prefer to classify their workers as 1099 contractors rather than as W2 employees. This is fine, as long as the workers actually meet the standards for contractors. If your employer tells you when to do your work, how to do your work, or where to do your work, then they have too much control for you to be properly classified as an independent contractor. Contractors must also have their own tools and equipment. If your company supplies your equipment, that's another sign that you are misclassified.

3. Failing to keep records of wages

The FSLA requires all employers to keep records of their employees' working hours and wages earned. If you happen to go to HR and ask for documentation of your hours or wages a few months ago -- and they don't have it -- this is a violation of the FSLA. The employer may be trying to cover their tracks because they know they underpaid you or changed your time sheet.

4. Not paying minimum wage when required

Minimum wage varies by state. There are only a few cases in which it does not apply. Farm work is one such case. Waitstaff can also be paid less than minimum wage, provided they collect tips. If your employer claims you are paid tips but you are not, and they are paying you less than minimum wage, this is a violation of the FSLA.

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