FLSA Wage Overtime Violations
FLSA Wage Overtime Violations
Has your employer refused to pay you overtime or misclassified you as an independent contractor or manager in order to avoid paying you proper wages? Such tactics are serious violations of the Fair Labor Standards Act (FLSA). You may be eligible to receive substantial compensation, including back pay and liquidated damages, for any FLSA violations committed by your employer. Parker Waichman LLP is currently investigating FLSA violation claims on behalf of workers in the following industries:
- Transportation (air, bus, marine)
- Cable or Telecommunications
- Financial Services
If you work in one of these industries, and your employer misclassified your employee status to avoid paying you properly, or failed to pay you:
You may be entitled to damages pursuant to the FLSA. Please call us today to learn what rights you have and how we can help you.
The Fair Labor Standards Act FLSA
The FLSA is a federal law that requires employers to pay their works for all hours "suffered or permitted to work." If your employer has failed to pay you minimum wage, overtime, or for all hours worked in violation of the FLSA, you may be entitled file an FLSA lawsuit to collect back pay and other damages.
Common violations of the FLSA often involve:
- Overtime Pay: Nearly all employees are entitled to overtime pay under FLSA, even if they are salaried. Under the FLSA, employees must be paid one and one-half times their “regular rate” of pay for all hours worked in excess of 40 during an individual work week. Some workers, including executives, professionals and seasonal employees are exempt from overtime pay.
- Misclassifying Managers and Independent Contractors: Sometimes, an employer will wrongly classify workers as "managers" or independent contractors to avoid paying overtime wages. However, job duties, not title, determine when a worker is entitled to overtime. If you have no control over your hours, work, and do not supervise others, have no say in the management of your work or the planning of the work, your employer has probably misclassified your job, and you may be entitled to overtime.
- Working Off-the- Clock: The FLSA requires that an employee be paid for all hours worked. This includes time spent donning a uniform and personal protective equipment that is kept at your place of work prior to starting your job. Time spent traveling between work sites, filling out paperwork, waiting to log on to computer, preparing a work site, or working from home must also be compensated. Likewise, if you are required to attend mandatory training sessions or meetings at off hours, you must be paid for that time.
- Minimum Wage: Under the FLSA, all non-exempt employees must be paid at least the minimum wage. As of July 24, 2009, the federal minimum wage is $7.25 per hour. However, some state laws may have higher minimum wage requirements.
Penalties for Violating the FLSA
Employers who violate the FLSA can face stiff penalties. Those who repeatedly violate the minimum wage or overtime pay requirements of the Act are subject to a civil money penalty of up to $1,000 for each such violation. Willful violations of the FLSA may result in criminal prosecution and the violator fined up to $10,000. A second conviction may result in imprisonment. An employee may file a private suit for violations of the FLSA for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. A 2-year statute of limitations applies to the recovery of back pay, except in the case of a willful violation, in which case a 3-year statute applies.
Legal Help for Victims of FLSA Violations
If your employer denied you overtime pay, forced you to work off-the-clock, or wrongly classified you as a manager or independent contractor in violation of the FLSA, you may have valuable legal rights. To learn how Parker Waichman LLP can help, please fill out our online form, or call 1-800-YOURLAWYER (1-800-968-7529) today.