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.
Title: North Carolina Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act: A Comprehensive Guide Introduction: In North Carolina, employees who have been denied proper payments for overtime work or wages in violation of the Fair Labor Standards Act (FLEA) can file complaints in state court under Section 16(b) of the Act. This article provides a detailed description of this process, highlighting key aspects, requirements, and potential remedies. Keywords: North Carolina, Complaint, Recover, Overtime Compensation, Wages, State Court, Section 16(b), Fair Labor Standards Act Types of North Carolina Complaints to Recover Overtime Compensation or Wages: 1. Individual Complaints: Individual complaints are filed by employees seeking to recover unpaid overtime compensation or wages owed to them by their employer. These complaints are typically initiated by employees who believe they have been wrongly denied fair compensation for their work hours exceeding the FLSA-defined maximum limit of 40 hours per week. 2. Collective Action Complaints: Collective action complaints are similar to individual complaints; however, they involve multiple employees who have faced similar wage and hour violations by the same employer. These complaints enable affected employees to join forces and file jointly against their employer, potentially increasing their strength in litigation and recovery of unpaid wages. 3. Class Action Complaints: Class action complaints are similar to collective action complaints but involve a larger group of employees who have been subjected to the same wage and hour violations by a common employer. These complaints also aim to seek compensation for unpaid wages and overtime but have a wider impact, representing a broader group of aggrieved employees. Key Components of a North Carolina Complaint under Section 16(b): a) Accurate Identification: The complaint should include the full names of the plaintiff(s) (individual or collective/class), along with their employment details, such as job title, dates of employment, and employer information. It is crucial to correctly identify the employer against whom the complaint is being filed. b) Description of Violation: The complaint should provide a detailed account of how the employer violated the FLEA by failing to pay the required overtime compensation or wages. This includes outlining the overtime hours worked, the relevant federal overtime rate, and the specific wage violations. c) Calculation of Damages: The complaint should outline the total amount of unpaid wages or overtime compensation due to each plaintiff, ensuring accurate calculations based on FLEA regulations. It is important to present supporting documents, such as timesheets, pay stubs, or other relevant evidence to establish the validity of the claim. d) Request for Remedies: The complaint should clearly state the desired relief sought by the plaintiffs, which typically involves damages for unpaid wages, overtime compensation, liquidated damages, attorney fees, and any other appropriate relief deemed necessary. Conclusion: A North Carolina Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act provides an avenue for aggrieved employees to seek justice and proper compensation for labor violations. By filing an accurate and comprehensive complaint, employees can assert their rights and potentially recover unpaid wages while holding employers accountable for FLEA violations. Keywords: North Carolina, Complaint, Recover, Overtime Compensation, Wages, State Court, Section 16(b), Fair Labor Standards Act.Title: North Carolina Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act: A Comprehensive Guide Introduction: In North Carolina, employees who have been denied proper payments for overtime work or wages in violation of the Fair Labor Standards Act (FLEA) can file complaints in state court under Section 16(b) of the Act. This article provides a detailed description of this process, highlighting key aspects, requirements, and potential remedies. Keywords: North Carolina, Complaint, Recover, Overtime Compensation, Wages, State Court, Section 16(b), Fair Labor Standards Act Types of North Carolina Complaints to Recover Overtime Compensation or Wages: 1. Individual Complaints: Individual complaints are filed by employees seeking to recover unpaid overtime compensation or wages owed to them by their employer. These complaints are typically initiated by employees who believe they have been wrongly denied fair compensation for their work hours exceeding the FLSA-defined maximum limit of 40 hours per week. 2. Collective Action Complaints: Collective action complaints are similar to individual complaints; however, they involve multiple employees who have faced similar wage and hour violations by the same employer. These complaints enable affected employees to join forces and file jointly against their employer, potentially increasing their strength in litigation and recovery of unpaid wages. 3. Class Action Complaints: Class action complaints are similar to collective action complaints but involve a larger group of employees who have been subjected to the same wage and hour violations by a common employer. These complaints also aim to seek compensation for unpaid wages and overtime but have a wider impact, representing a broader group of aggrieved employees. Key Components of a North Carolina Complaint under Section 16(b): a) Accurate Identification: The complaint should include the full names of the plaintiff(s) (individual or collective/class), along with their employment details, such as job title, dates of employment, and employer information. It is crucial to correctly identify the employer against whom the complaint is being filed. b) Description of Violation: The complaint should provide a detailed account of how the employer violated the FLEA by failing to pay the required overtime compensation or wages. This includes outlining the overtime hours worked, the relevant federal overtime rate, and the specific wage violations. c) Calculation of Damages: The complaint should outline the total amount of unpaid wages or overtime compensation due to each plaintiff, ensuring accurate calculations based on FLEA regulations. It is important to present supporting documents, such as timesheets, pay stubs, or other relevant evidence to establish the validity of the claim. d) Request for Remedies: The complaint should clearly state the desired relief sought by the plaintiffs, which typically involves damages for unpaid wages, overtime compensation, liquidated damages, attorney fees, and any other appropriate relief deemed necessary. Conclusion: A North Carolina Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act provides an avenue for aggrieved employees to seek justice and proper compensation for labor violations. By filing an accurate and comprehensive complaint, employees can assert their rights and potentially recover unpaid wages while holding employers accountable for FLEA violations. Keywords: North Carolina, Complaint, Recover, Overtime Compensation, Wages, State Court, Section 16(b), Fair Labor Standards Act.
