Hard-working individuals deserve to be compensated fairly, and it’s this principle which undergirds the Fair Labor Standards Act (FLSA). Among other things, the Act regulates employee wages, hours, and overtime pay. Most notably, the FLSA mandates that employers compensate their employees with minimum wage; the act also requires that an employee be compensated with overtime pay when he/she works more than 40 hours in a single week. These standards apply to all employees of what the FLSA defines as enterprises.
When an enterprise violates the FLSA and harms an employee in some way, it may be held liable for damages that result from a wage and hour violation. In the following sections, we’re going to look at the FLSA and explain how wage and hour law violations work. Remember: if unforeseen circumstances have caused you to lose your job and your employer is now refusing to pay you, you may be able to receive compensation and awards for damages as well.
Who Is Covered Under the FLSA?
While it’s true that each state puts their own labor laws and standards in place, the FLSA, being a piece of federal legislation, must be followed in the United States. If you’re an employee of what the FLSA deems an “enterprise,” you’re entitled to the protections put forth in the Act. The following employees are also covered:
- Those who work for Federal, state, or local government agencies.
- Employees of hospitals or other institutions that are involved in caring for the sick, elderly, or mentally ill.
- Those who work in preschools, elementary schools, secondary schools, higher learning institutions, or schools that accommodate the disabled or gifted.
- Employees of companies that do more than $500,000 in sales annually.
Those who work for entities that don’t qualify as enterprises under the FLSA are usually still protected by at least the main facets of the Act.
For the most part, wage and hour cases are complex, with some involving multiple legal issues. Although there are many types of cases, the most common ones are those that involve an employer not paying an employee minimum wage or overtime benefits.
What to Do If Your Employer Is Withholding Payment
Before you seek a path to litigation, you should first speak with your employer to see why you have not been compensated; clerical and banking errors can often be culprits. If your employer does not intend to pay you, then you’ll need to reach out to the agency in your state that deals with wage and hour violations. You could also contact the Wage and Hour Division (WHD) or the U.S. Department of Labor and file a claim with them.
Here’s what you’ll need to put forward a solid case:
- Pay stubs.
- Work logs and time sheets.
- Tax documents.
- Statements form coworkers that affirm what you’re alleging.
What Remedies May Be Available
Along with providing rules and regulations, the FLSA provides different remedies for employees who’ve been harmed, including:
- Recovery of all unpaid wages.
- Recovery of all unpaid overtime wages.
- Awarding of punitive damages or penalty damages.
- Attorney’s fees and court costs covered by the defendant(s).
Hiring a Wage and Hour Case Attorney
Pursuing a wage and hour violation case is not something most individuals handle on their own. This is why our team at Sandberg Law Firm takes pride in offering legal services to those that have been harmed by malicious employers. Upholding your rights and getting you the compensation you deserve are always our top priorities. Contact our wage and hour case attorneys and receive a free consultation to see how we may be able to assist you.