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.
Connecticut Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act: In Connecticut, employees who believe they have been denied proper overtime compensation or wages can file a complaint in state court to seek recovery under Section 16(b) of the Fair Labor Standards Act (FLEA). This legal recourse allows employees to pursue their rightful wages and protect their rights under federal labor laws. Section 16(b) of the FLEA provides an avenue for employees to recover unpaid overtime compensation and wages through a civil lawsuit. By filing a complaint in state court, Connecticut employees can take legal action against their employers who have violated wage and hour laws. There are different types of Connecticut complaints that can be filed under Section 16(b) of the FLEA to recover overtime compensation or wages: 1. Individual Complaint: An individual employee who believes they have not received proper overtime compensation or wages can file a complaint against their employer. This type of complaint seeks to recover the individual's unpaid wages and any relevant damages. 2. Class Action Complaint: If multiple employees have faced similar violations of overtime compensation or wage laws, they may file a class action complaint. This type of complaint allows a group of employees, known as the "plaintiffs," to collectively seek recovery for their unpaid wages and overtime compensation. By joining forces, employees can increase their chances of obtaining fair compensation. In both types of complaints, it is crucial to provide accurate and detailed information regarding the violations and the amount of unpaid overtime compensation or wages. This includes documenting work hours, pay rates, and any agreements or contracts related to compensation. When filing a complaint, employees should consider consulting with an attorney specializing in labor and employment law. These professionals can provide guidance, assess the merits of the case, and help navigate the complex legal process. Once the complaint is filed, the court will review the allegations and evidence presented. If the court finds the employer liable for violating overtime compensation or wage laws, it may order them to pay the owed wages, damages, and potential attorney fees. It is important to note that there are specific statutes of limitations for filing a complaint under Section 16(b) of the FLEA in Connecticut. Employees should be aware of these time limits to ensure their rights are protected and their claims are not barred by the passage of time. In conclusion, a Connecticut complaint to recover overtime compensation or wages in state court under Section 16(b) of the Fair Labor Standards Act provides employees with a legal recourse to pursue their unpaid wages. By filing an individual or class action complaint, employees can seek compensation for the violations of their rights as protected by federal labor laws.
