Fair Labor Standards Act (FLSA) Claims


Before the Fair Labor Standards Act (FLSA) became law in 1938, there were no restrictions on child labor, no maximum workweek and overtime pay did not exist. The FSLA outlines a variety of worker rights and wage protections. Over time the law has grown to be more comprehensive but the bottom line remains the same: Fair Pay for Fair Work

Certain classes of salaried employees, managers, and independent contractors do not receive FLSA benefits. However, employers sometimes abuse these exclusions by incorrectly classifying workers as exempt or by being dishonest about an employee’s FLSA status. Eligible employees who work more than 40 hours per week are entitled to receive a higher rate of pay for every hour above those 40 hours.

Some common mistakes employers make which may result in a claim include:

  • Not recognizing time spent doing prep work, such as setting up a restaurant before opening
  • Misclassifying employees as independent contractors
  • Not well documenting the correct number of hours worked
  • Paying a ‘per diem’ that doesn’t account for time worked
  • Not paying for required tasks that employees must do while off the clock
  • Not paying the overtime rate of time and a half for hours above 40

The government takes overtime violations and worker rights very seriously. Employers who are found in violation of the FLSA can be forced to pay their employees what they are owed, plus additional damages. In addition, there are protections in place that forbid retaliation against workers who bring these violations to light.

In the event a claim is brought against you or your company, Gegan Law Firm will assist you to determine whether the claim has merit and determine potential defenses.