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The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) sets standards for minimum wage, overtime pay, recordkeeping, and youth employment.  Passed in 1938, it was enacted to establish fair labor standards for workers across the United States.  President Franklin D. Roosevelt passed the FLSA on June 25, 1938. It was a landmark law—banning child labor and setting a minimum wage of 25 cents an hour, with a maximum workweek of 44 hours. At the time, this law was considered revolutionary.

  • Minimum wage: As of July 2009, the federal minimum wage is $7.25 per hour. This amount may differ per state. If the state minimum wage is higher, then an employee is entitled to the higher amount.
  • Overtime: Eligible employees (“exempt” employees include executive, professional, and administrative) must receive overtime pay for hours exceeding 40 per workweek, at one and one-half or more times the regular rate of pay. If an employee is 16 years or older, there’s no limit on the amount of hours he or she may work in any workweek. The FLSA doesn’t require overtime pay for weekend or holiday work, unless overtime is worked that day.
  • Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also maintain employee pay and time records.
  • Child labor: Child labor laws protect the physical and educational well-being of minors and prevent them from working any jobs that would be a detriment to either.

Many employers, either mistakenly or deliberately, classify employees as “exempt” when they are neither “executive,” “professional,” nor “administrative” employees to avoid paying them for overtime, or find other ways to avoid paying overtime.  If you believe your FLSA rights are being violated, contact Deutsch Atkins, P.C. today.

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Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

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Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

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Diane Englander Peyser
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About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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