Can An Employer Require An Employee To Work More Than 40 Hours In A Week And Not Pay Overtime?
Understanding regulations pertaining to the amount of work is critical to successfully managing claims under the Fair Labor Standards Act in Florida. Only employees who work more than 40 hours a week without being paid overtime are exempt from the Fair Labor Standards Act. All employees who are covered by the Fair Labor Standards Act must be paid time and a half for overtime work over 40 hours per week.
What Protections Does The Fair Labor Standards Act Provide Employees Regarding Workplace Safety And Health?
The Fair Labor Standards Act provides employees with protection from retaliation by employers who treat them poorly simply for exercising their rights under the Fair Labor Standards Act.
Are There Any Specific Penalties Or Remedies For Employers Who Violate The Fair Labor Standards Act?
Employees with claims under the Fair Labor Standards Act in Florida can potentially recover an equal amount of liquidity damages to what is due to them in addition to the principal they are due. The Act also provides for an award of the employee’s attorney’s fees and costs if they win the case.
From a lawyer’s point of view, this is one of the prevailing benefits of the Act since it enables lawyers to represent an employee without expecting them to pay the associated fees directly. It also serves as a protection from the court, ensuring that the fees and costs payable to an attorney do not unreasonably compromise any recovery for an employee’s unpaid earnings due to a violation of the Fair Labor Standards Act.
What Is A Fair Labor Standards Act Claim And What Type Of Violations Can It Address?
Bringing a claim under the Fair Labor Standards Act primarily involves either failing to pay overtime or misclassifying employees. Employers commonly believe their employees may be subject to an exemption from the Fair Labor Standards Act. Still, in reality, they are doing work that does not qualify for the exemption. One of the more common misclassifications is classifying employees as administratively or executively exempt from the act when they are not technically performing administrative or executive functions.
How Can An Employee Initiate A Fair Labor Standards Act Employment Claim?
Employees may initiate claims under the Fair Labor Standards Act in Florida directly with the employer through a one-on-one consultation. They may also involve the Department of Labor, which enforces the Fair Labor Standards Act. Lastly, they may partner with a lawyer to help them with the litigation process.
If you are considering litigating a Fair Labor Standards Act case, engaging the services of an attorney will make a considerable difference in how your case unfolds. While the law technically provides that people can represent themselves without an attorney, the complexities of the Fair Labor Standards Act and the necessities imposed upon resolutions by the court can be challenging to navigate on your own. A lawyer will be of tremendous assistance, making the process go considerably smoother.
What Are Key Steps To Filing A Fair Labor Standards Act Employment Claim?
Filing a Fair Labor Standards Act employment claim does not require any administrative precursor, and employees are free to file immediately with the court upon determining the law has been violated. Still, employees should try and resolve things with employers before resorting to litigating in court. The dollar amounts involved in Fair Labor Standards Act claims, attorney’s fees aside, are relatively small. As such, judges generally appreciate when people strive to resolve issues without resorting to litigation unless absolutely necessary.
What Is The Statute Of Limitation For Filing A Fair Labor Standards Act Employment Claim?
The statute of limitations for filing a Fair Labor Standards Act claim is two years. However, if the employer is found to have willfully violated the law, the employee can reach back up to three years of past misclassification or improper pay scheduling. In these instances, the court can award up to three years back pay rather than the typical two.
For more information on Claims Under The Fair Labor Standards Act In FL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.