The Fair Labor Standards Act (“FLSA”) is a Federal law that pertains to items such as minimum wage, overtime pay, record keeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. While the FLSA has been the law since 1938, in the past ten (10) years, there has been a veritable explosion of litigation and claims made by employees governed by this act. This law is broad in its reach and scope. Failure to comply with the provisions of the FLSA can subject businesses and individuals to payment of unpaid wages, penalties for non-payment of wages, costs, interest, and attorney’s fees. Under some circumstances, a form of class action can be brought against the employer for failing to abide by the provisions of the law. The United States Department of Labor also has passed rules pertaining to the implementation and enforcement of the FLSA, and has the authority to institute actions for the benefit of affected employees.
Claims made against an employer for violation of the FLSA, and/or rules of the Department of Labor, can result in serious damage awards against the employer, plus penalties, costs, interest, and legal fees to the employee.
We have represented clients in a number of claims made against them for alleged violations of the FLSA, both in court, and before regulatory agencies.
Many FLSA claims can be avoided by proper preparation and planning. We are able to assist you, and to work with your accountant, payroll company and human resources department to keep you in compliance. If a claim has been filed against you in court, or in an administrative proceeding, we have the experience and knowledge to represent you.