Wage and Hour Laws

Most wage and hour issues involve the federal requirement that nonexempt employees be paid time and half whenever they work more than forty hours in a week. This principle is established in the Fair Labor Standards Act (“FLSA”). Although the FLSA is simple in theory, it is often inadvertently violated by employers. The question of whether a particular employee might be exempt from the FLSA’s overtime requirements can be particularly vexing, and the federal regulations that govern this issue are numerous and complicated. At the same time, the penalties to an employer who fails to properly comply with the FLSA are severe. An employee who is misclassified and not properly paid overtime may file a lawsuit and recover double the amount of unpaid wages for a period of up to three years. Employees who successfully sue also generally recover their attorney’s fees. For these reasons it is essential that employers audit their wage and hour practices to make sure they are in compliance with the dictates of the FLSA. Likewise, employers who have sued for alleged violations of wage and hour laws require skilled and knowledgeable representation.