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The Fair Labor Standards Act: Protecting the Right of Every Employee when it Comes to Just Wages and Overtime Pay

In all U.S. states, federal and state laws protect employees against employment discrimination, especially where wage and overtime pay are the issues. Besides anti- discrimination laws, there is also a law which specifies the lawful number of working hours within a week, the minimum wage, who can render overtime work and the computation for overtime pay.

The law specifically referred to is the Fair Labor Standards Act (FLSA), also called the Wages and Hours Bill, which the US Congress passed in1938. The FLSA defines the legal daily or weekly number of working hours, the national minimum wage and the computation of overtime pay, among others.

Many employees agree to working overtime for the extra cash it will allow them to earn. Not all employees, however, are eligible to render overtime work, only those who are non-exempt are allowed to render it.

Workers who are exempt, or who are not eligible to render overtime work include administrative, executive, professional employees, outside sales employees, certain skilled computer professionals, employees employed in certain recreational or seasonal establishments, switchboard operators of small telephone companies, seamen in foreign vessels, those engaged in fishing operations, farm workers working in small farms, those employed as companions to the infirm or elderly and casual babysitters.

Despite the Fair Labor Standards Act, many employees, especially undocumented workers, are robbed of their right to receive overtime pay (actually, even the lawful minimum pay) by stubborn employers. To get away with their acts that clearly violate the minimum wage law and overtime pay law, these employers hint on the consequence of firing anyone who may have any intent of complaining, hinting as well on the issue of these employees being illegal immigrants and threatening them of being reported for deportation.

As explained by a wage claim attorney, the (FLSA) clearly outlines the rules employers must follow when paying employees. Unfortunately, many businesses in many different industries continue to routinely make efforts to deny workers the overtime pay they are entitled to. In connection to overtime pay violation, anyone who is denied his/her overtime pay ought to find it necessary to fight for his her rights. Instead of being afraid to be fired (or, in the case of illegal immigrants, to be deported) one should realize that there are laws that will protect him/her and which may even allow hi/her to recover back wages.