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: Collin Texas Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act Description: In Collin, Texas, employees who have been subjected to unfair working conditions where overtime compensation or wages have been unlawfully withheld may find recourse by filing a complaint in state court. This legal action is based on Section 16(b) of the Fair Labor Standards Act (FLEA), which provides provisions for wage and hour regulations. There are different types of Collin Texas Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act: 1. Unpaid Overtime Compensation: Employees in Collin, Texas, who have worked more than 40 hours in a workweek but have not received proper overtime compensation, as mandated by the FLEA, may file a complaint to recover those unpaid wages. 2. Misclassification of Employees: Employers sometimes misclassify employees as exempt from overtime pay under the FLEA. If an employee is wrongly classified as exempt and has not received overtime compensation, they can file a complaint to recover their owed wages. 3. Off-the-clock Work: Some employers may require employees to perform work-related tasks outside their regular working hours without providing proper compensation. Employees subjected to off-the-clock work may file a complaint to recover the unpaid wages for those additional hours worked. 4. Failure to Include All Hours Worked: Employers may sometimes fail to include all hours worked by an employee, such as Redshift or post-shift activities, in their calculation of overtime hours. If an employee has not received proper overtime compensation due to such discrepancies, they can file a complaint to recover the unpaid wages. 5. Retaliation: It is important to note that the FLEA prohibits employers from retaliating against employees who exercise their rights under the law. If an employee faces adverse actions, such as termination, demotion, or harassment, after filing a complaint to recover overtime compensation or wages, they can file a separate complaint for retaliation. Collin Texas Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act provides an avenue for employees to seek justice and enforcement of their rights regarding fair compensation. It is recommended to consult with an experienced employment attorney to understand the specific requirements and procedures involved in filing such complaints.Title: Collin Texas Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act Description: In Collin, Texas, employees who have been subjected to unfair working conditions where overtime compensation or wages have been unlawfully withheld may find recourse by filing a complaint in state court. This legal action is based on Section 16(b) of the Fair Labor Standards Act (FLEA), which provides provisions for wage and hour regulations. There are different types of Collin Texas Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act: 1. Unpaid Overtime Compensation: Employees in Collin, Texas, who have worked more than 40 hours in a workweek but have not received proper overtime compensation, as mandated by the FLEA, may file a complaint to recover those unpaid wages. 2. Misclassification of Employees: Employers sometimes misclassify employees as exempt from overtime pay under the FLEA. If an employee is wrongly classified as exempt and has not received overtime compensation, they can file a complaint to recover their owed wages. 3. Off-the-clock Work: Some employers may require employees to perform work-related tasks outside their regular working hours without providing proper compensation. Employees subjected to off-the-clock work may file a complaint to recover the unpaid wages for those additional hours worked. 4. Failure to Include All Hours Worked: Employers may sometimes fail to include all hours worked by an employee, such as Redshift or post-shift activities, in their calculation of overtime hours. If an employee has not received proper overtime compensation due to such discrepancies, they can file a complaint to recover the unpaid wages. 5. Retaliation: It is important to note that the FLEA prohibits employers from retaliating against employees who exercise their rights under the law. If an employee faces adverse actions, such as termination, demotion, or harassment, after filing a complaint to recover overtime compensation or wages, they can file a separate complaint for retaliation. Collin Texas Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act provides an avenue for employees to seek justice and enforcement of their rights regarding fair compensation. It is recommended to consult with an experienced employment attorney to understand the specific requirements and procedures involved in filing such complaints.
