Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.
A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.
Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.
The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.
California Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act In California, employees who have been denied proper overtime compensation or wages can file a complaint in state court under Section 16(b) of the Fair Labor Standards Act (FLEA). This legal provision allows individuals to pursue their rights and seek justice for unpaid overtime or wages owed to them. Under Section 16(b) of the FLEA, there are several types of complaints that can be filed to recover overtime compensation or unpaid wages in California state court. Here are some of the different types of complaints individuals may file: 1. Misclassification Complaints: Many employers misclassify their employees as exempt from overtime pay, when in fact they should be classified as non-exempt. Employees who believe they have been misclassified and denied overtime compensation can file a complaint specifically addressing this issue. 2. Unpaid Overtime Complaints: Employees who have worked more than the standard 40 hours per week or over 8 hours a day (in certain cases) are entitled to receive overtime pay. Complaints can be filed to recover unpaid overtime wages and seek compensation for the additional hours worked. 3. Off-the-Clock Work Complaints: Some employers may require employees to perform work-related tasks before or after their regular working hours. If employees are not compensated for this off-the-clock work, they can file a complaint to recover the wages they should have received. 4. Meal and Rest Break Complaints: California law mandates that employees receive proper meal and rest breaks during their shifts. If an employer fails to provide these breaks or unlawfully interrupts them, employees can file a complaint seeking compensation for the missed or interrupted breaks. 5. Minimum Wage Complaints: Complaints can also be filed if an employer fails to pay employees the minimum wage required by California state law. The FLEA sets a federal minimum wage, but California has its own higher minimum wage, and employees are entitled to receive compensation at or above this state-mandated minimum. Filing a complaint under Section 16(b) of the FLEA requires individuals to complete specific documentation and adhere to certain legal procedures. It is advisable for aggrieved employees to consult an experienced employment lawyer who can guide them through the process and ensure their rights are protected. In conclusion, employees in California have the right to file a complaint in state court under Section 16(b) of the Fair Labor Standards Act to recover unpaid overtime compensation or wages. With different types of complaints available, employees can seek justice for various violations such as misclassification, unpaid overtime, off-the-clock work, missed break periods, and minimum wage violations.
