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: New Mexico Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act Description: Are you an employee in New Mexico who believes you have been denied rightful overtime compensation or wages by your employer? This comprehensive guide details the process of filing a complaint in New Mexico State Court to seek recovery for unpaid overtime compensation or wages under Section 16(b) of the Fair Labor Standards Act (FLEA). Keywords: New Mexico, complaint, recover, overtime compensation, wages, state court, Section 16(b), Fair Labor Standards Act, unpaid, filing, process, employee, employer. Types of New Mexico Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act: 1. Individual Complaint: An individual complaint is filed by a single employee against their employer, seeking unpaid overtime compensation or wages. 2. Collective Action Complaint: A collective action complaint involves multiple employees who hold similar claims against a common employer for unpaid overtime compensation or wages. These complaints consolidate individual claims into a single legal action, allowing affected employees to pool their resources and increase their chances of successful recovery. 3. Class Action Complaint: Similar to collective action complaints, class action complaints involve a group of employees seeking recovery for unpaid overtime compensation or wages. However, class action complaints encompass a larger number of employees and require certification by the court as a class. Class actions are typically pursued when a larger group of employees has suffered similar violations of their rights under the FLEA. 4. Estimating Damages: When filing a complaint, it is crucial to accurately determine the amount of unpaid overtime compensation or wages owed. This involves analyzing employee work hours, pay rates, relevant records, and any additional factors that may affect the calculation. Consulting with an experienced attorney or employment law expert can assist in accurately determining the damages for inclusion in the complaint. 5. Statute of Limitations: Understanding the statute of limitations is essential when filing a complaint for unpaid overtime compensation or wages. In New Mexico, the general statute of limitations is three years from the date of the violation. However, if the violation is found to be willful, the statute of limitations extends to six years. Remember, navigating the legal process for recovering unpaid overtime compensation or wages can be complex. Consulting with a qualified attorney who specializes in employment law will ensure you have the necessary guidance and expertise throughout the entire process. Disclaimer: This content is for informational purposes only and should not be considered legal advice. It is best to consult with a licensed attorney regarding your specific situation.Title: New Mexico Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act Description: Are you an employee in New Mexico who believes you have been denied rightful overtime compensation or wages by your employer? This comprehensive guide details the process of filing a complaint in New Mexico State Court to seek recovery for unpaid overtime compensation or wages under Section 16(b) of the Fair Labor Standards Act (FLEA). Keywords: New Mexico, complaint, recover, overtime compensation, wages, state court, Section 16(b), Fair Labor Standards Act, unpaid, filing, process, employee, employer. Types of New Mexico Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act: 1. Individual Complaint: An individual complaint is filed by a single employee against their employer, seeking unpaid overtime compensation or wages. 2. Collective Action Complaint: A collective action complaint involves multiple employees who hold similar claims against a common employer for unpaid overtime compensation or wages. These complaints consolidate individual claims into a single legal action, allowing affected employees to pool their resources and increase their chances of successful recovery. 3. Class Action Complaint: Similar to collective action complaints, class action complaints involve a group of employees seeking recovery for unpaid overtime compensation or wages. However, class action complaints encompass a larger number of employees and require certification by the court as a class. Class actions are typically pursued when a larger group of employees has suffered similar violations of their rights under the FLEA. 4. Estimating Damages: When filing a complaint, it is crucial to accurately determine the amount of unpaid overtime compensation or wages owed. This involves analyzing employee work hours, pay rates, relevant records, and any additional factors that may affect the calculation. Consulting with an experienced attorney or employment law expert can assist in accurately determining the damages for inclusion in the complaint. 5. Statute of Limitations: Understanding the statute of limitations is essential when filing a complaint for unpaid overtime compensation or wages. In New Mexico, the general statute of limitations is three years from the date of the violation. However, if the violation is found to be willful, the statute of limitations extends to six years. Remember, navigating the legal process for recovering unpaid overtime compensation or wages can be complex. Consulting with a qualified attorney who specializes in employment law will ensure you have the necessary guidance and expertise throughout the entire process. Disclaimer: This content is for informational purposes only and should not be considered legal advice. It is best to consult with a licensed attorney regarding your specific situation.
