Overtime Cases / FLSA

Overtime / Wage & Hour Litigation

Minimum wage and overtime violations are enforced by the Fair Labor Standards Act. The Fair Labor Standards Act (FLSA) governs overtime pay entitlement, and most employees, unless exempt, are entitled to overtime pay at a minimum rate of one and one-half times the regular pay rate after 40 hours per work week.

Penalties for violations of the FLSA are severe. In fact, there is no de minimis threshold for an employee to bring suit. An employer who pays any amount less than minimum wage is subject to suit in federal court. Penalties for employers require payment to the employee of all unpaid wages and overtime. There is also a provision for liquidated damages equal to unpaid wages and the overtime. Attorney’s fees, interest and costs are also included.

The FLSA as with Title VII of the Civil Rights Act of 1964 contains powerful anti-retaliation measures. Prohibited actions include discriminating or discharging against an employee who has instituted proceedings by filing a charge with the department of labor or filing a suit, or who has testified or prepared to testify regarding wage and hour violations. Remedies for a violation of the FLSA anti-retaliation measures include equitable relief such as reinstatement, back wages, liquidated damages, promotion, and attorney’s fees and costs.

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