The Fair Labor Standards Act (FLSA) protects Mississippi employees. The FLSA is a federal law regulating things such as overtime pay, minimum wage and child labor laws. Federal, state, and local government workers are covered, as are private sector workers. In spite of FLSA protections, some common workplace violations continue to occur.
Minimum wage violations
Failure to pay minimum wage is one of the most widespread wage and hour law violations. The federal minimum wage is currently $7.25 per hour.
Some states set minimum wage rates that exceed the federal rate; however, Mississippi does not. Employees who receive tips are generally exempt from the minimum wage requirement as long as their tips can bring their earnings up to the minimum wage level.
Except for certain tipped workers, employers who pay their employees less than minimum wage are breaking the law. Failing to pay the minimum wage can result in penalties and legal action against the employer.
Failure to pay employees overtime is another common FLSA violation. Any hours that exceed 40 a week count as overtime. The rate for overtime hours is one and a half times the regular pay rate. However, some salaried workers who perform managerial duties are exempt from this overtime rule.
Overtime violations occur when employers purposely report employees as exempt when they are entitled to overtime pay. Employers also violate this rule by failing to keep accurate records of employees’ pay and how many hours they worked. Employers who violate this rule can face lawsuits and fines.
There are several ways employers can violate FLSA wage and hour laws. These violations hurt employees and can lead to serious legal consequences for employers. Affected employees can possibly pursue legal action or file a complaint with the Department of Labor for help recovering unpaid wages.