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.
An Oregon Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act (FLEA) refers to a legal claim initiated by an employee seeking to recover unpaid overtime compensation or wages from their employer. Section 16(b) of the FLEA provides employees with the right to sue their employer in state court for violations of the act's overtime provisions. There are different types of Oregon Complaints that can be filed to recover overtime compensation or wages, depending on the specific circumstances of the case. Some common types include: 1. Regular Overtime Compensation: This type of complaint is filed when an employee claims that their employer failed to pay them the required time-and-a-half rate for hours worked beyond 40 in a workweek. 2. Misclassification of Employee Status: In this type of complaint, an employee asserts that they have been improperly classified as exempt from overtime pay when, according to their job duties and responsibilities, they should be classified as non-exempt. Non-exempt employees are entitled to overtime compensation. 3. Off-the-Clock Work: This complaint is brought by employees who assert that their employer failed to compensate them for work performed outside their scheduled hours, such as Redshift or post-shift activities, or work done during meal or rest breaks. 4. Unpaid Wages: Employees may file this type of complaint when they have not been paid their regular wages, such as hourly or salary pay, for all hours worked. 5. Failure to Include Bonuses or Commissions in Overtime Calculation: Some employers improperly exclude certain types of compensation, such as bonuses or commissions, when calculating overtime pay. Employees can file a complaint asserting that such exclusion violates the FLEA. When initiating an Oregon Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act, it is essential to consult an employment law attorney to ensure proper legal representation and guidance throughout the process. Employers found to be in violation of the FLEA may be liable for back payments of unpaid wages, liquidated damages, attorney fees, and, in some cases, even additional penalties.
