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.
Texas Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act is a legal recourse available to employees who have been denied their rightful overtime pay or wages by their employers. This section of the Fair Labor Standards Act (FLEA) provides protection to workers by guaranteeing fair compensation for their extra work hours. Under Section 16(b) of the FLEA, employees in Texas can file a complaint in state court to recover unpaid overtime compensation or wages from their employers. This provision enables workers to seek justice and receive the financial restitution they deserve for the extra time they have spent working. To initiate the legal process, an employee, also known as the plaintiff, must file a complaint in a Texas state court against their employer, known as the defendant. The complaint should provide a detailed account of the unpaid overtime or wages, clearly listing the dates, hours worked, and the amount owed. Several types of Texas complaints can be filed under Section 16(b) of the FLEA: 1. Complaint for Unpaid Overtime: This type of complaint is filed when an employer has failed to compensate the employee for working overtime, i.e., any time worked beyond the standard 40 hours per week defined by the FLEA. 2. Complaint for Unpaid Wages: This complaint is relevant when an employer has failed to pay an employee their regular wages for the hours worked, often referred to as regular rate violations. 3. Collective Actions: Sometimes, multiple employees facing the same issue can join together in a collective action lawsuit against the employer. This type of complaint allows employees to strengthen their case by pooling their resources and evidence to demonstrate a pattern of unpaid wages or overtime compensation. When filing a complaint in Texas state court under Section 16(b) of the FLEA, it is crucial to adhere to the proper legal procedures and requirements. Consulting with an experienced employment attorney specializing in wage and hour disputes is highly recommended ensuring the complaint is accurately drafted, supported by relevant evidence, and filed within the statute of limitations. By filing a Texas complaint to recover overtime compensation or wages in state court under Section 16(b) of the Fair Labor Standards Act, employees can hold their employers accountable for any violations and seek financial redress for their unpaid wages, overtime, and any associated damages or penalties.Texas Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act is a legal recourse available to employees who have been denied their rightful overtime pay or wages by their employers. This section of the Fair Labor Standards Act (FLEA) provides protection to workers by guaranteeing fair compensation for their extra work hours. Under Section 16(b) of the FLEA, employees in Texas can file a complaint in state court to recover unpaid overtime compensation or wages from their employers. This provision enables workers to seek justice and receive the financial restitution they deserve for the extra time they have spent working. To initiate the legal process, an employee, also known as the plaintiff, must file a complaint in a Texas state court against their employer, known as the defendant. The complaint should provide a detailed account of the unpaid overtime or wages, clearly listing the dates, hours worked, and the amount owed. Several types of Texas complaints can be filed under Section 16(b) of the FLEA: 1. Complaint for Unpaid Overtime: This type of complaint is filed when an employer has failed to compensate the employee for working overtime, i.e., any time worked beyond the standard 40 hours per week defined by the FLEA. 2. Complaint for Unpaid Wages: This complaint is relevant when an employer has failed to pay an employee their regular wages for the hours worked, often referred to as regular rate violations. 3. Collective Actions: Sometimes, multiple employees facing the same issue can join together in a collective action lawsuit against the employer. This type of complaint allows employees to strengthen their case by pooling their resources and evidence to demonstrate a pattern of unpaid wages or overtime compensation. When filing a complaint in Texas state court under Section 16(b) of the FLEA, it is crucial to adhere to the proper legal procedures and requirements. Consulting with an experienced employment attorney specializing in wage and hour disputes is highly recommended ensuring the complaint is accurately drafted, supported by relevant evidence, and filed within the statute of limitations. By filing a Texas complaint to recover overtime compensation or wages in state court under Section 16(b) of the Fair Labor Standards Act, employees can hold their employers accountable for any violations and seek financial redress for their unpaid wages, overtime, and any associated damages or penalties.
