FAIR
LABOR STANDARDS ACT
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
What surprises many people is that FLSA and overtime lawsuits can be brought against both the employer and individual owners/managers.
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FLSA Litigation
FLSA litigation can be costly due to the law often doubling damages and requiring employers to pay the employee's attorney fees if the employee wins. Ensuring proper overtime payment might seem simple, but defending an FLSA suit requires proving an employee’s work and pay over the past three years, week by week. This may involve using various records like computer log-ins, key card access, and phone records to reconstruct workdays.
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While some firms use overtime attorneys and paralegals for this task, Spire Law leverages modern tools to efficiently and accurately compile employee records.
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Available Defenses for FLSA Lawsuits
The defenses applicable to FLSA cases vary by individual circumstances. Commonly cited defenses include:
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Good Faith Effort: Employers showing a genuine attempt to comply with FLSA standards can use this defense against damages.
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Statute of Limitations: Claims must be filed within two years of the violation (three years for willful violations), emphasizing timely filing.
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Bona Fide Executive, Administrative, or Professional (EAP) Exemption : Certain employees are exempt from overtime pay. Courts scrutinize job duties and salary levels to determine eligibility.
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Outside Sales Exemption: Applies to employees mainly engaged in outside sales, as clarified by the Supreme Court in 'Christopher v. SmithKline Beecham Corp.'
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Volunteer Exception: Distinguishes between employees and volunteers, with courts conducting a nuanced analysis when the plaintiff is labeled a "volunteer."
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Employment Discrimination Class Actions
In an employment discrimination class or collective action, plaintiffs claim the employer discriminated against a group based on a legally protected characteristic. These cases are complex, requiring knowledge of procedural and substantive elements. Each case is unique, and strategies must be tailored accordingly. Understanding common issues can better prepare you to handle these claims.
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You've Been Served - What's Next?
If you are served with an FLSA lawsuit, immediately consult with a qualified attorney to understand the specific process for your case. Early assessment and adherence to FLSA regulations are essential to minimize potential damages.
