If you are worker who is not getting paid the minimum wage or are not getting paid the overtime you deserve – this section is for you!
First and foremost, it is important to discuss just how fundamentally different The Fair Labor Standards Act (“FLSA”) is from other labor and employment laws. The FLSA begins with the words: “The Congress hereby finds…the existence…of labor conditions detrimental to the maintenance of the minimum standard living necessary for health, efficiency, and general well-being of workers…” 29 U.S.C. § 202(a). Think about that! The law actually begins by declaring a built in advantage for the worker. The law is premised and based around a fundamental and basic American belief: “a fair day’s pay for a fair day’s work.”
The FLSA establishes the requirements for minimum wage, overtime pay, and recordkeeping. Under the FLSA, if you are a nonexempt employee and you work more than 40 hours in a week, then you are entitled to receive 1.5 times your regular pay rate for every hour you work over 40 in a week. If you are not paid minimum wage or overtime pay, and you are a non-exempt employee, you may have a claim against your employer.
Furthermore, it is the burden of the employer under the FLSA to keep accurate time records of the time that employees work. The employer will actually face an entirely separate violation of the FLSA for not keeping records and additionally the employer will have to try and counter an employee’s assertion of time worked without any records. If an employer fails to keep time records – it can be devastating to their defense.
Finally, almost every employer wants to classify their employees as “exempt” from FLSA. While there are exemptions, they are not as widespread as employers would like to portray. Do not simply take your employer’s word that you are exempt from the FLSA – call us to discuss your status under the FLSA to see if you have a claim.
NOTE: As far as recovering back pay is concerned there is a 2-year limit (which can be extended in the case of willful violations to 3 years) however there is a cap on recovery, so do not wait and let your employer under pay you for years at a time.
If you feel you have been a victim of unpaid wages and/or overtime, do not hesitate. Many companies have teams of lawyers looking out for their interests, you need the experienced and dedicated team of paralegals, attorneys, and investigators, to assist you here at Sudduth & Associates. Remember that the sooner you get a lawyer involved on your behalf the better your chances of a positive outcome. Contact us today! 337-480-0101.