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.
Ohio Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act (FLEA) is a legal recourse available to employees who believe they have been underpaid for their overtime work. Filing such a complaint enables individuals to seek compensation for unpaid wages, including overtime compensation, as mandated by federal law. Under the Fair Labor Standards Act, non-exempt employees are entitled to receive one and a half times their regular rate of pay for every hour worked beyond 40 hours in a workweek. However, some employers may violate this law by failing to pay appropriate overtime wages. In Ohio, employees have the option to bring a state court lawsuit under Section 16(b) of the FLEA to recover their rightful compensation. There are several types of Ohio Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act, including: 1. Individual Complaints: This type of complaint is filed by individual employees who believe they have been denied proper overtime compensation by their employer. It is a direct legal action taken by an employee to seek recovery of unpaid wages. 2. Collective or Class Action Complaints: In cases where multiple employees in a similar position have experienced the same wage violation, they can join together to file a collective or class action complaint. This allows them to combine their claims and seek compensation collectively. 3. Liquidated Damages Complaints: A complaint seeking liquidated damages alleges that the employer's violation of the FLEA was willful. If successful, the employee may be awarded an additional amount equal to the unpaid wages, known as liquidated damages. 4. Retaliation Complaints: If an employer has taken adverse actions against an employee, such as termination or demotion, in response to the employee's assertion of their rights to overtime compensation, the employee can file a complaint alleging illegal retaliation. 5. Attorney's Fees and Costs Complaints: In addition to recovering unpaid wages and liquidated damages, an employee who successfully brings an Ohio Complaint to Recover Overtime Compensation or Wages in State Court may also seek reimbursement for reasonable attorney's fees and court costs incurred during the legal process. It is important to consult with an experienced employment attorney who specializes in wage and hour laws to determine the appropriate type of complaint to file and to navigate the legal complexities associated with recovering unpaid overtime compensation under Section 16(b) of the FLEA in an Ohio state court.Ohio Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act (FLEA) is a legal recourse available to employees who believe they have been underpaid for their overtime work. Filing such a complaint enables individuals to seek compensation for unpaid wages, including overtime compensation, as mandated by federal law. Under the Fair Labor Standards Act, non-exempt employees are entitled to receive one and a half times their regular rate of pay for every hour worked beyond 40 hours in a workweek. However, some employers may violate this law by failing to pay appropriate overtime wages. In Ohio, employees have the option to bring a state court lawsuit under Section 16(b) of the FLEA to recover their rightful compensation. There are several types of Ohio Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act, including: 1. Individual Complaints: This type of complaint is filed by individual employees who believe they have been denied proper overtime compensation by their employer. It is a direct legal action taken by an employee to seek recovery of unpaid wages. 2. Collective or Class Action Complaints: In cases where multiple employees in a similar position have experienced the same wage violation, they can join together to file a collective or class action complaint. This allows them to combine their claims and seek compensation collectively. 3. Liquidated Damages Complaints: A complaint seeking liquidated damages alleges that the employer's violation of the FLEA was willful. If successful, the employee may be awarded an additional amount equal to the unpaid wages, known as liquidated damages. 4. Retaliation Complaints: If an employer has taken adverse actions against an employee, such as termination or demotion, in response to the employee's assertion of their rights to overtime compensation, the employee can file a complaint alleging illegal retaliation. 5. Attorney's Fees and Costs Complaints: In addition to recovering unpaid wages and liquidated damages, an employee who successfully brings an Ohio Complaint to Recover Overtime Compensation or Wages in State Court may also seek reimbursement for reasonable attorney's fees and court costs incurred during the legal process. It is important to consult with an experienced employment attorney who specializes in wage and hour laws to determine the appropriate type of complaint to file and to navigate the legal complexities associated with recovering unpaid overtime compensation under Section 16(b) of the FLEA in an Ohio state court.
