FLSA Violations

The Fair Labor and Standards Act, enacted to law in 1938, is a federal law which protects important rights for employees and responsibilities for employers.  The FLSA instituted a national minimum wage for employees and guaranteed that employees who worked overtime time be paid time and a half for certain jobs.  The act also contains provisions for protecting youth in the workplace from dangerous employment.

The bill has allowed for a series of increases to the federaly mandated minimum wage,which is currently, as of July 2011, $7.25.  This is designed largely in part to ensure there is a fair wage paid for workers at the bottom end of the pay scale.

Violations

While the FLSA serves its much needed purpose in protecting individuals' rights, employers can often take advantage of the employee and violate the laws provisions in a number of ways.

• Failure to Pay Minimum Wage- Some employers can falsely claim that their employees are exempt from the FLSA's provisions on minimum wage and withhold wages illegally.
• Failure to Pay Overtime- Workers in most fields are eligible for overtime pay for all hours worked after the standard 40 hour work week. Some employers can withhold or refuse to pay this time at the required rate. Furthermore, some employers can violate these provisions by unfairly refusing to acknowledge certain time spent on the job as time spent working. This can become evident in a number of ways, including failing to report meal breaks, travel time, forcing employees to work off the clock, or even going as far as to force employees to intentionally report less time than time worked.

Remedies

If you believe you have been affected by an FLSA violation, you have 2 years to file for recovery of back pay under the FLSA unless the violation is willful, in which case a 3-year statute of limitations applies.

Back Pay The most common remedy under FLSA is to seek damages in the form of back pay for time owed. If the Court finds that the violation was intentional, an employee may be entitled to double damages.

Criminal Prosecution With knowing and willing violations of the FLSA, the Government can seek prosecution against employers resulting in large fines, and in certain instances, prison sentences.

Suits by the Secretary of Labor In certain instances, lawsuits can be filed by the Secretary of Labor on behalf of employees seeking damages for them. The Secretary of Labor can seek back pay and other damages, as well as seek injunctions against future violations of the FLSA.

The Harman Firm, P.C., Attorneys and Counselors at Law, offers aggressive and resourceful representation when it comes to negotiating, preparing, and litigating employment contracts and severance agreements, especially in the New York metropolitan area’s public relations, technology, and marketing communities.

The Harman Firm serves the New York metropolitan area including Manhattan, Brooklyn, Queens, Westchester, White Plains, Nassau, and Suffolk Counties.