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Willful Violation of FLSA in Good Faith and What it Means to You

WASHINGTON, DC — Willful violations of the Fair Labor Standards Act (FLSA) standards by a company can lead to penalties, and sometimes criminal prosecution. Most cases fall into this category where the employer knows that they are in violation, but still chooses to violate the laws. However, what happens if these willful violations are in good faith?

This determination is extremely rare and on the employer in question to prove they were operating in good faith. This is very difficult to prove in court. The employer must show it had an honest intention to ascertain what the FLSA requires and to act in accordance with the laws involved. Ignorance of the law is not an acceptable argument. Ultimately, the decision is subjective to the judge’s opinion.

Can I file an FLSA lawsuit against my employer for unpaid overtime?

Yes, you may be able to file an FLSA lawsuit against your employer for unpaid overtime. FLSA lawsuits seek to hold employers accountable for failing to pay the required wages to their workers.  These claims seek payment of unpaid or underpaid wages, attorney’s fees, and litigation expenses.  Some cases may also force the payment of liquidated damages, which are money damages beyond just the receiving the back pay for unpaid wages.

If your employer owes you overtime wages for work performed, even dating several years back, our top rated attorneys can file a claim for you to recover the unpaid wages that you are owed.  There are strict time deadlines for filing FLSA lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.

Filing an Unpaid Overtime Pay Lawsuits

If your employer is denying you overtime pay or has not paid you overtime wages in the past, you may be entitled to file an overtime pay lawsuit. Under the recent court decisions,l you may be able to sue for overtime wages even if your employment contract has an arbitration clause.Many overtime lawsuits are filed as class action lawsuits by a group of employees against their employer and you can often choose to join that lawsuit or file your own separate claim.

FLSA Overtime Lawsuits

Call (855) 263-3525 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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