The FLSA Turns 80 Today, But Wage Theft Is Still a Problem

Franklin D. Roosevelt signed the Fair Labor Standards Act (FLSA) into law on June 25, 1938. Eighty years later, the FLSA still serves as an effective tool for combating wage theft across all types of industries and jobs.

According to the United States Department of Labor, over 21,500 FLSA cases were filed in court last year. The top ten FLSA violations are as follows:

1.     Employers pay their workers on a salary to avoid paying overtime after forty hours per workweek.

2.     Employees are not paid for pre- or post-shift work, or for the time they spend working from home.

3.     Employers manipulate the time records of employees and “shave” time from hours the employee worked.

4.     Companies do not pay employees for time spent on-call or waiting periods.

5.     Companies misclassify employees as independent contractors, who do not qualify to receive overtime pay, therefore avoiding paying these employees overtime.

6.     Employers pay workers at the same hourly rate, or “straight time”, after forty hours of work per week.

7.     Employers pay shift pay or a daily rate, thereby avoiding overtime pay.

8.     Restaurant owners take from the tips of their wait staff.

9.     Employers fail to pay workers for training.

10.  Employers require employees to work through their meal breaks or interrupt their breaks with tasks and do not pay them for this time.

So, happy birthday to the FLSA! All workers should celebrate today by knowing their rights.