Fair Labor Standards Act (FLSA) claims – overtime; wage and hour
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and, $7.25 per hour effective July 24, 2009.
Overtime pay at a rate of not less than 1.5 times the worker’s regular rate of pay is required after 40 hours of work in a workweek for covered nonexempt workers and even certain salaried workers who are misclassified by the employer as exempt from the overtime rule.
Two issues concerning overtime frequently arise under the FLSA. First, some employers fail to make overtime pay to nonexempt employees who worked more than 40 hours in a workweek. There are unscrupulous employers who will just pay for 40 hours even though employees worked more than 40 hours. Second, some employers will wrongly classify certain employees as exempt from the overtime requirement when, in fact, the employees are nonexempt and thus entitled to overtime pay.
A claim under the FLSA may be brought directly to court. An aggrieved worker does not have to file a charge of discrimination with the U.S. Department of Labor or the EEOC before filing a lawsuit asserting a violation of his/her FLSA rights. The lawsuit must be filed within two years after the cause of action accrued or, in the case of willful violation of the FLSA, the suit must be filed within three years.
- Age Discrimination
- Americans with Disability Act (ADA)
- Civil Servants – dismissal from employment without cause
- Employment Contracts
- ERISA / Employee Benefits
- Fair Labor Standards Act (FLSA) claims – overtime; wage and hour
- Family Medical Leave Act (FMLA)
- Harassment Based on an Employee’s Race, Color or National Origin
- Malicious Interference with Employment Relationship
- National Origin / Ethnicity Discrimination
- Non-Compete and Non-Solicitation Issues
- Polygraph Disputes with Employers
- Pregnancy Discrimination
- Race/Color Discrimination
- Religious Discrimination
- Retaliatory Discharge and Other Forms of Retaliation Against Employees
- Separation Agreements / Severance Packages
- Sex/Gender Discrimination
- Sexual Harassment
- Tennessee Human Rights Act
- Uniformed Services Employment and Reemployment Rights Act (USERRA) – military leave claims
- Whistleblower / Illegal Activity Claims
- Workers' Compensation Retaliation Claims
If you or someone you know in the North Mississippi/West Tennessee area is in need of representation or legal advice from an experienced employment lawyer, contact the attorneys of Stroud & Harper, P.C., by making a toll-free call to (866) 359-4878. Or, if you prefer, complete the Free Online Case Evaluation form, which you can find on the Areas of Practice page.