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Fair Labor Standards Act (FLSA) Lawsuits

The Fair Labor Standards Act (FLSA) is a federal law that sets forth labor and wage requirements for employers throughout the United States.  The law sets forth the minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers.  These regulations apply to employers in the private sector and in Federal, State, and local governments.

Fair Labor Standards Act FLSAThe Fair Labor Standards Act does not apply to all workers in the United States.  While many jobs and occupations are covered by this law, there are some jobs that are “exempt” from the Act.  This means that the rules do not apply to employers in those circumstances.

Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by the FLSA or reduce the amount of overtime pay due under the FLSA.

In addition to certain jobs and occupations that are not covered by The Fair Labor Standards Act, there are also other work practices that are not regulated by these laws.  While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate.  For example, the FLSA does not require:

  • Vacation, holiday, severance, or sick pay;
  • Breaks, meal or rest periods, holidays off, or vacations;
  • Premium pay for weekend or holiday work;
  • Pay raises or fringe benefits; or
  • A discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.

For employees who are covered by the law (or non-exempt)  and entitled to receive overtime pay, The Fair Labor Standards Act (FLSA) defines how the number of hours worked is defined so that a calculation as to overtime pay can be determined.

A workweek is a period of 168 hours during 7 consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of 2 or more workweeks. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis. 

Covered employees must be paid for all hours worked in a workweek. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal activity of the work day to the end of the last principal work activity of the workday. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.

The Fair Labor Standards Act (FLSA) does provide a legal remedy to be pursued by employees against employers who violate the Act.  These remedies include payment of back unpaid wages often dating back several years, liquidated damages, litigations expenses, and attorney’s fees.  These awards are often substantial for an individual employee or a group of employees.

If your employer is or was in violation of The Fair Labor Standards Act (FLSA), you should call our experienced unpaid overtime attorneys  today at (855) 754-2795  to discuss your case.  You can also complete the FREE UNPAID OVERTIME CASE REVIEW BOX and an attorney will contact you shortly.  There are strict time deadlines for filing a lawsuit so it is important that you call right now!

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