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.
A New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act (FLEA) is a legal document that an employee files in state court against their employer to claim unpaid overtime wages or compensation they are entitled to under the FLEA. Section 16(b) of the FLEA allows employees to sue their employers for unpaid overtime wages. It gives employees the right to recover unpaid overtime wages, liquidated damages (an additional amount equal to the unpaid wages), attorney's fees, and court costs. There are different types of New York Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the FLEA, including: 1. Individual Complaint: An employee files an individual complaint against their employer to recover their own unpaid overtime wages. This type of complaint is suitable when only one employee is affected. 2. Collective Action Complaint: An employee, who acts as a representative of other similarly situated employees, files a collective action complaint against their employer. In this case, other affected employees have the option to "opt-in" and participate in the lawsuit to claim their unpaid wages. This type of complaint is suitable when multiple employees are affected by the same employer's violation of the FLEA. In a New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the FLEA, specific information must be included. This may include: 1. Identification: The employee's name, address, and contact information, as well as the employer's name, address, and contact information. 2. Employment Details: The employee's job title, description of duties, work hours, and compensation structure, including the regular rate of pay and the overtime rate of pay. 3. Violation Allegations: A detailed explanation of how the employer violated the FLEA, such as by wrongfully classifying the employee as exempt from overtime pay or failing to pay overtime wages at the correct rate. 4. Calculation of Unpaid Wages: A breakdown of the number of hours worked, the overtime hours worked, and the unpaid wages owed to the employee. 5. Relief Sought: A request for unpaid wages, liquidated damages, attorney's fees, and court costs. 6. Signature: The employee's signature, certifying the accuracy of the information provided. It is important to note that specific state rules and regulations may apply to the filing of a New York Complaint to Recover Overtime Compensation or Wages in State Court. Therefore, employees and their attorneys should consult the relevant state laws and court rules when preparing and filing the complaint.A New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act (FLEA) is a legal document that an employee files in state court against their employer to claim unpaid overtime wages or compensation they are entitled to under the FLEA. Section 16(b) of the FLEA allows employees to sue their employers for unpaid overtime wages. It gives employees the right to recover unpaid overtime wages, liquidated damages (an additional amount equal to the unpaid wages), attorney's fees, and court costs. There are different types of New York Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the FLEA, including: 1. Individual Complaint: An employee files an individual complaint against their employer to recover their own unpaid overtime wages. This type of complaint is suitable when only one employee is affected. 2. Collective Action Complaint: An employee, who acts as a representative of other similarly situated employees, files a collective action complaint against their employer. In this case, other affected employees have the option to "opt-in" and participate in the lawsuit to claim their unpaid wages. This type of complaint is suitable when multiple employees are affected by the same employer's violation of the FLEA. In a New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the FLEA, specific information must be included. This may include: 1. Identification: The employee's name, address, and contact information, as well as the employer's name, address, and contact information. 2. Employment Details: The employee's job title, description of duties, work hours, and compensation structure, including the regular rate of pay and the overtime rate of pay. 3. Violation Allegations: A detailed explanation of how the employer violated the FLEA, such as by wrongfully classifying the employee as exempt from overtime pay or failing to pay overtime wages at the correct rate. 4. Calculation of Unpaid Wages: A breakdown of the number of hours worked, the overtime hours worked, and the unpaid wages owed to the employee. 5. Relief Sought: A request for unpaid wages, liquidated damages, attorney's fees, and court costs. 6. Signature: The employee's signature, certifying the accuracy of the information provided. It is important to note that specific state rules and regulations may apply to the filing of a New York Complaint to Recover Overtime Compensation or Wages in State Court. Therefore, employees and their attorneys should consult the relevant state laws and court rules when preparing and filing the complaint.
