What Is Wage and Hour Law?

Wage and hour law is a subset of employment law that deals with employee compensation and the amount of time they work. Common issues include whether you receive overtime pay and are fairly compensated under federal and state laws.

If you believe your employer has violated minimum wage laws or other wage and hour laws, you might want to consider hiring a lawyer. The following is an overview of the applicable wage and hour laws. For legal advice about your rights and protections, talk to a local wage and hour attorney.

Understanding Wage and Hour Laws

Each state has its own wage and hour requirements, but all employers must comply with the Fair Labor Standards Act (FLSA). The FLSA does all of the following:

• Minimum wage. Under the FLSA, employers must pay all nonexempt employees at least the minimum wage for all hours worked. The FLSA sets federal minimum wage requirements (currently $7.25 per hour). States may set higher minimum wage rates, but cannot go below the federal wage rate. However, tipped employees have a lower minimum wage, depending on their tipped compensation.
• Overtime hours. If a nonexempt employee works more than 40 hours in a workweek, the hours in excess of 40 must be paid at least one and a half times the regular rate of pay.
• Recordkeeping. Employers must keep track of employee time and payment of wages.
• Child labor laws. The FLSA sets basic requirements regarding the employment of minors and their well-being in the workplace.

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Hours Worked

The U.S. Department of Labor (DOL) uses the term “hours worked” to help employers determine what hours they need to pay employees for and what hours they don’t. The term is deceptively simple because there are many things that might not seem like work but for which the employer must pay the employee. Consider the following when calculating your hours of work:

Waiting Time

Whether employees get compensation for time spent waiting to work is a fact-specific analysis. The DOL offers some guidance. If an employee is “engaged to wait,” they should receive wages for the time spent waiting.

For example, receptionists need to be available to answer the phone or greet a client. Downtime spent reading or browsing the internet at their desk would count toward hours worked. The same is true for firefighters who must be in the station in case of an alarm but might read or play games while waiting.

On the other hand, if an employee is “waiting to be engaged,” the employer does not need to pay them for this time. An example is a delivery driver who makes a delivery at noon and is free to do what they would like until their next delivery at 6 p.m.

On-Call Time

In general, if an on-call employee must remain on the employer’s premises, that employee should be paid for the on-call time. However, if the on-call employee can use their on-call time as they wish, as long as they are available, the employer generally will not have to pay for this time.

Travel Time

Not all travel time is compensable. For example, your ordinary travel from home to work to home is not considered work time. However, if your job requires travel to and from different job sites as part of your normal workday, that travel is work time.

Breaks and Meals

Employees are commonly permitted to take rest breaks that are usually 20 minutes or shorter, and these breaks should be paid as hours worked. Longer meal periods (usually at least 30 minutes) are not considered work time and are not compensated. During these breaks, employees are free from all work duties.

Common compensation problems arise when employees must eat at their desks and answer work-related phone calls, but are not paid. As the employees are not relieved of all work duties, they are not on an unpaid meal break.

Exempt vs. Nonexempt

Most private sector employers pay their employees at least minimum wage and overtime. But employers don’t necessarily have to do this for all of their employees under the FLSA. This is because some employees are exempt from overtime requirements and/or minimum wage requirements.

Common exemptions are for salaried employees in administrative, executive, creative, and computer jobs. Other examples include amusement park employees, switchboard operators, small newspaper employees, and criminal investigators. Each exemption has its own specific requirements. It is helpful to speak with an employment lawyer to better understand the specifics and whether an exemption applies to you.

Independent contractors and freelancers are exempt from most employment laws. However, some employers misclassify employees as independent contractors to avoid labor protections and fair compensation. There are many factors that determine whether a worker is an employee or a contractor. It is not up to your employer to decide. If you suspect misclassification by your employer, talk to a lawyer for advice.

State Wage and Hour Laws

The FLSA applies to all employers across the country. However, many states have stronger legal protections.

When the state minimum wage is higher than the federal minimum wage, workers get the higher rate. Some states also require breaks and meal times, overtime for workdays and work weeks, and paid sick leave. A local wage and hour lawyer can explain the workers’ rights laws in your state.

Wage and Hour Violations

If employers are not paying the minimum wage or compensating workers for overtime, workers can take legal action.

The DOL Wage and Hour Division (WHD) enforces the FLSA. State labor law agencies enforce state wage and hour laws. Workers can file a complaint with the federal government or the state labor department. You can also file a lawsuit in court for wage theft.

Should I Talk to a Wage and Hour Lawyer?

Much of your case will depend on information found in records kept by your employer. A lawyer will be able to help you obtain those documents through a process called discovery. They will also interview key players in your case to help you gather information and evidence to support your claim.

A lawyer will further anticipate potential problems with your case and advise you on how to approach them. They can also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.

Finding the Right Attorney for Your Needs

It is important to approach the right type of attorney — someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory and use the search box to find a lawyer based on your legal issue or location.

To help you get started, you may want to consider looking for an employment attorney who practices wage and hour law.