Federal Law
Fair Labor Standards Act (FLSA)— Overtime and
Minimum Wage Compensation
We handle cases where the Fair Labor Standards Act (FLSA) has been violated by
employers. FLSA is a federal law that generally requires employers to pay overtime
wages of time and a half (1 ½) to certain employees for work performed in excess of
forty (40) hours per week. This may include employees who work forced to work
“off the clock” to those who were told they are “exempt” but truly are not.
Generally, if an employer knows or reasonably should know that covered employees
are working more than forty (40) hours per week, those employees should probably
be paid overtime.
After the amendments to FLSA, several employers mistakenly believed that if
their employees were paid a “salary” instead of “by the hour” then the employee was
“exempt;” and therefore, the employees were not entitled to overtime wages. Salary
wages alone will not be enough to deny an employee from overtime compensation.
Consideration has to be given to the specific job duties performed by the employee
and the amount of wages before denial of overtime wages is appropriate.
If your employer has violated the FLSA, you may receive the following:
1. The unpaid overtime plus interest,
2. An additional amount equal to the unpaid overtime,
3. Costs and your attorney’s fees paid by the employer.
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