What Does Minimum Wage Mean to Tennessee Workers?

By law any worker in Tennessee is required to be paid a minimum requirement of $7.25 an hour for every hour that they work. However, there is an estimated two to three million workers in America that are unfortunately not paid this minimum requirement for their work. Tennessee workers and workers throughout the country work hard and deserve the pay that they are entitled to by law. If you are paid less than the requirement or are not paid for hours you work over forty hours, you may be entitled to more compensation and should contact a Tennessee Minimum Wage Attorney to help you get the pay you deserve.

What is the Fair Labor Standards Act and how does it Work?

The Fair Labor Standards Act or FLSA requires all employers to pay their workers a minimum wage for every hour they work. If employers do not follow the requirements of this act they are responsible for damages to the employee and all fees from an attorney if an employee files a case against them.

What are some ways employers find to get around these laws and minimum wage requirements?

Unfortunately, some workers are exempt from or exceptions of the laws and requirements of the FLSA. In some cases because of this, employers will give employees certain titles or tasks and pay them by salary instead of hourly so that they will be an exception to the rules of the FLSA. However, the requirements of these titles are what really decide if they are exempt from the law or not.

Some examples of the employees that may be exceptions to the minimum wage requirements include:

• Professional employees (i.e. administrative personnel, executives, outside sales representatives, and computer technicians)
• Employees that travel by sea on foreign vessels
• Some educated professionals (i.e. teachers, training professionals)
• High Paid Employees that work in the office and do not non-manual labor work
• Employees that handle fishing work
• Small farm employees
• Babysitters, Home health care professionals, and employees providing companionship

Some examples of employees that are NOT exceptions to the minimum wage requirements include:

• Various clerks and other professionals that perform clerical tasks
• Bookkeepers
• Valet Parking Attendants
• Cooks or Chefs
• Correctional Officers and Employees
• Factory Workers
• Construction Employees including roofing professionals and electrical specialists
• Nurses and Registered Nurses
• Maintenance Employees
• Security Staff
• Hotel Employees
• Inside Sales Representatives or Employees (i.e. retail, wholesale, and service employees)

What Does “Working Off the Clock Mean?

Working off the clock is when an employee is asked by their employer to clock out even when their work day is not over yet. This is usually the case when a manager will ask an employee to clock out to complete work that they think should have been finished during the work day.

What is an automatic deduction of meal time?

This is when some employers will automatically deduct a meal time even if the employee does not take an actual meal or lunch break. This could be considered as violating the minimum wage requirements and overtime compensation laws.

What happens when an employer gives Short Breaks to Employees?

The Fair Labor Standards Act does require that employer give breaks for resting to employees. However, some employers may try to deduct any other short breaks from your pay, but if the break is less than twenty minutes, employers are not allow to deduct it and you must receive compensation for those breaks.

What rules and requirements apply to Independent Contract Employees?

The Fair Labor Standards Act only applies to employees and not independent contractors, because of this some employees have been given the title of an independent contractor so they can avoid paying those employees minimum wage requirements and overtime compensation. Unfortunately, the Fair Labor Standards Act defines “employee” in a very broad way. In Court, there are many tests that help decide whether or not an employee is an independent contractor. The tests include: the “right of control” and “economic reality test”. Each test uses certain criteria to decide whether the worker is an employee or an independent contractor. These criteria may include:

• Using their own tools
• Able to work for other employees
• Setting their own work schedule
• Able to hire help
• Deciding how the work is completed

If you feel that your minimum wage rights have been violated, then we encourage you to contact a Tennessee Minimum Wage Attorney right away. At the Higgins Firm, we are experienced in minimum wage cases and we care about getting you the compensation you deserve.

Contact us online or call 855-529-3675 for a free consultation to discuss your legal options and your minimum wage rights.