Americans Unknowledgeable About FLSA, Survey Shows

According to a social media survey conducted by NETtime Solutions, Americans are very unknowledgeable about federal labor guidelines on overtime.  In a news release, NETtime solutions announced the results of their survey, part of an “ongoing effort to educate business leaders on key compliance issues.” The survey, which was conducted on Facebook, Twitter and LinkedIn, offered a chance to win two AMC Movie Theater tickets to those who answered the question, “According to the Fair Labor Standards Act (FLSA), when should an employee get overtime pay?” The results were staggering; with only 48% of respondents choosing the correct answer.

NETtime Solutions is an online time and attendance tracker for companies which seeks to ensure compliance with federal guidelines. The survey question (“According to the FLSA, when should an employee get overtime pay?”) provided four multiple choice answers, and the results were:

• 33% chose the wrong answer, “For hours worked after 8 hours in a single day.”
• 12% chose the wrong answer, “For hours worked over 40 in a Mon - Sun calendar week.”
• 6% chose the wrong answer, “For hours worked on scheduled time/days off.”
• 48% chose the correct answer, “For hours worked over 40 in a workweek.”

This is alarming considering that according to NETtime Solutions, 24% of employees in the United States work overtime. If employees discover that they are being improperly denied overtime pay, they may be eligible to receive back pay for unpaid overtime. According to The Department of Labor, in 2008, more than 197,000 employees received a total of $140.2 million in minimum wage and overtime back wages as a result of violations of the FLSA.  

The Fair Labor Standards Act (FLSA) is the federal legislation that establishes standards for overtime pay, minimum wage, recordkeeping, and youth employment standards. The FLSA requires employers to pay non-exempt employees at least the federal minimum wage (currently $7.25/hr) and overtime pay of one-and-one-half times the regular rate of pay for every hour worked over 40 in a single workweek. It also sets strict requirements for child labor and recordkeeping.

Due to the apparent lack of knowledge of federal labor and overtime guidelines, employees are frequently underpaid. If you believe that your employer may be violating the FLSA or any other employment laws, contact an experienced FLSA lawyer to see if you qualify to receive back wages for unpaid overtime or under-payment.