What if I am a tipped employee?
Your direct wage must be at least $2.13 per hour. Additionally, your wages combined with your tips must still equal at least $7.25 per hour. Otherwise, your employer must pay the difference. Additionally, unless your restaurant uses a tip pooling system or sharing arrangement, your employer must allow you to retain all of the tips you earned each day.
What if I am an independent contractor?
The FLSA does not apply to independent contractors. However, courts generally interpret the term “independent contractor” narrowly, so that the protections of federal law apply to as many people as possible.
The most important factor the court will consider is whether you are employed by a single employer. If almost all of your income comes from a single employer, the court will likely find that you are an employee, and thus entitled to the protections of the FLSA.
Some other factors the court will consider is whether the relationship with your employer is permanent, whether you lacked bargaining power to negotiation the terms of your employment, and whether you were economically dependent on your employer. If your answer to any of these questions is “yes,” then you are likely not an independent contractor.
A final consideration is whether your job requires any special skills or earns particularly high compensation. In this case, the court is more likely to find that you are an independent contractor and that the FLSA does not apply to you.
What if I am an undocumented worker?
The FLSA applies to you regardless of your citizenship status. Your employer cannot evade your rights to federal protection by threatening to report your undocumented status to the government.
What if I am a domestic worker?
The FLSA applies to domestic workers, including housekeepers, gardeners, childcare workers and chauffeurs, as long as you make at least $1,000 in wages from a single employer in one year or as long as you work at least eight hours in one week for one or several employers. Accordingly, the FLSA would likely apply to you if you are a fulltime au pair, but not if you babysat for one night.
Am I entitled to paid time off?
Although some employers provide various forms of paid time off, unfortunately, the FLSA does not require your employer to compensate you for time off, including vacations, holidays or sick days.
Am I guaranteed extra pay for weekends or holidays?
Unfortunately, the FLSA does not require your employer to pay you extra compensation for hours you work on weekends, holidays, or regularly scheduled time-off, unless the hours you worked would be overtime.