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.
Nassau New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act is a legal action taken by employees in Nassau County, New York who believe they have been denied proper overtime compensation or wages by their employers. This complaint is filed in state court and seeks to enforce the provisions of Section 16(b) of the Fair Labor Standards Act (FLEA), which provides protection to employees regarding overtime pay and minimum wage. The complaint typically alleges that the employer has violated the FLEA by failing to pay overtime wages at the required rate of one and a half times the regular pay rate for hours worked beyond 40 in a workweek. It may also claim that the employer has unlawfully withheld regular wages, failed to provide proper itemized wage statements, or misclassified employees as exempt from overtime requirements. In this type of complaint, the employee may demand various forms of relief, including unpaid wages plus liquidated damages, attorney's fees, and costs associated with the litigation. Depending on the circumstances, the court may also grant injunctive relief to prevent further violations by the employer. Possible variations of Nassau New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act may include: 1. Individual Complaint: Filed by a single employee seeking to recover overtime compensation or wages owed personally. 2. Collective Action Complaint: Filed on behalf of a group of similarly situated employees who have encountered similar wage violations within the same organization. These complaints aim to gain certification as a collective action to represent all affected employees. 3. Class Action Complaint: Similar to a collective action complaint, but seeks class certification under Rule 23 of the Federal Rules of Civil Procedure, allowing the complaint to represent a larger class of employees who have experienced FLEA violations by the same employer. It is essential for employees who believe their rights under the FLEA have been violated to consult with an experienced employment attorney in Nassau County, New York. The attorney can guide them through the process of filing a complaint and seeking fair compensation for their overtime work or withheld wages.Nassau New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act is a legal action taken by employees in Nassau County, New York who believe they have been denied proper overtime compensation or wages by their employers. This complaint is filed in state court and seeks to enforce the provisions of Section 16(b) of the Fair Labor Standards Act (FLEA), which provides protection to employees regarding overtime pay and minimum wage. The complaint typically alleges that the employer has violated the FLEA by failing to pay overtime wages at the required rate of one and a half times the regular pay rate for hours worked beyond 40 in a workweek. It may also claim that the employer has unlawfully withheld regular wages, failed to provide proper itemized wage statements, or misclassified employees as exempt from overtime requirements. In this type of complaint, the employee may demand various forms of relief, including unpaid wages plus liquidated damages, attorney's fees, and costs associated with the litigation. Depending on the circumstances, the court may also grant injunctive relief to prevent further violations by the employer. Possible variations of Nassau New York Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act may include: 1. Individual Complaint: Filed by a single employee seeking to recover overtime compensation or wages owed personally. 2. Collective Action Complaint: Filed on behalf of a group of similarly situated employees who have encountered similar wage violations within the same organization. These complaints aim to gain certification as a collective action to represent all affected employees. 3. Class Action Complaint: Similar to a collective action complaint, but seeks class certification under Rule 23 of the Federal Rules of Civil Procedure, allowing the complaint to represent a larger class of employees who have experienced FLEA violations by the same employer. It is essential for employees who believe their rights under the FLEA have been violated to consult with an experienced employment attorney in Nassau County, New York. The attorney can guide them through the process of filing a complaint and seeking fair compensation for their overtime work or withheld wages.
