Can I File an FLSA Lawsuit Against My Employer?
The Fair Labor Standards Act (FLSA) requires covered employers to pay a time-and-a-half rate to workers who work more than 40 hours per week so long as the employee doesn’t qualify for an exemption. However, just because an employer labels an employee as exempt, it doesn’t mean that the employee isn’t entitled to overtime pay. Numerous different classifications and factors may be involved in determining whether or not an employee is exempt from overtime. In addition, some employers will bend or break the rules when classifying employees so that they don’t have to pay overtime.
At Florin Gray, we represent the interests of employees who have been shortchanged by their employers when it comes to paying overtime. If you think your employer has failed to pay you the overtime you’re entitled to, give our office a call. We can help.
Violations of the Fair Labor Standards Act
Some clever employers, emboldened by company lawyers, will try to avoid the requirement to pay overtime wages through variable work schedules and pay structures. This includes:
- Paying artificially low hourly rates
- Assessing overtime as comp time or as time off instead of as overtime pay
- Imposing a split-day plan rate
- Designating hourly time which ought to be compensated as opposed to standby or on-call time
When your employer owes you overtime pay, it must be paid during a regular pay period and not deferred until some future time.
What happens when an employer is found in violation of the FLSA?
When it can be demonstrated that an employer violated the provisions of the FLSA, the employer could be ordered to make amends for the situation by paying the employee back pay that is owed for overtime. They must pay the employee 150% of the hourly rate. This sum must be paid to the employee in addition to payment for liquidated damages, which can be assessed for willfully violating the FLSA. Employers would be on the hook for paying back pay, liquidated damages, attorneys fees, and costs related to litigation.
If several employees band together to form a class of individuals who have been denied their rightful overtime, the case can result in additional relief for the entire workforce impacted by the FLSA violation. In addition, employees are protected from being retaliated against by their employers. Employees who are terminated or suffer adverse employment actions, because they raised an FLSA complaint, will potentially have additional claims and damages owed.
Talk to a Tampa, FL FLSA Lawyer Today
Florin Gray represents the interests of workers who have been denied overtime pay by their employers. Call our Tampa employment lawyers today to schedule an appointment, and our attorneys can help determine whether or not you’re eligible to file an FLSA lawsuit against your employer.
