Understanding FLSA Wage and Hour Claims

The Fair Labor Standards Act (FLSA) is a cornerstone of worker protection in the United States. It ensures that employees receive fair wages and sets the standards for minimum wage, overtime pay, and child labor. Despite its importance, violations are not uncommon, leading to wage and hour claims.

FLSA Claims are legal actions taken when an employee believes their rights under the FLSA have been violated. These claims usually involve issues like unpaid wages or incorrect overtime payments.

Wage Recovery

When an employee files a successful FLSA claim, they are entitled to recover the wages they were owed. This process is known as wage recovery. The U.S. Department of Labor's Wage and Hour Division recovered a record-setting $322 million in wages owed to workers in 2019 alone. This highlights the scale of the issue and the importance of pursuing claims when necessary.

Liquidated Damages

In addition to recovering lost wages, employees might also be entitled to liquidated damages. This is an additional amount equal to the unpaid wages, effectively doubling the compensation. Liquidated damages serve as a penalty for the employer and a deterrent against future violations. They are automatically awarded unless the employer can prove that they acted in good faith and had reasonable grounds for believing they were not violating the FLSA.

Here's a simple breakdown:

Understanding these components is crucial for employees considering how to bring a FLSA wage and hour claim. Knowing that both wage recovery and liquidated damages are possible can empower workers to stand up for their rights effectively.

This section leads directly into the next, where we'll explore the filing process, statute of limitations, and the role of the Department of Labor in handling these claims.

How to Bring a FLSA Wage and Hour Claim

Navigating the process of bringing a Fair Labor Standards Act (FLSA) wage and hour claim can seem daunting, but understanding the steps can make it more manageable. Let's explore the essentials of filing a claim, including the role of the Department of Labor, the Wage and Hour Division (WHD), and the U.S. Office of Personnel Management (OPM).

Filing with the Wage and Hour Division

The Wage and Hour Division (WHD) of the Department of Labor is a key player in handling FLSA claims. If you believe your employer has violated FLSA rules, you can file a complaint with the WHD. Here's how the process works:

1. Contact WHD: Reach out to your nearest WHD office. You can find them across the country, ready to assist with your claim. They offer confidential services, so you can feel safe discussing your situation.

2. Provide Details: When filing a complaint, be prepared to provide specific information. This includes your personal details, employer information, and a description of the alleged violation, such as unpaid overtime or minimum wage issues.

3. Investigation: Once your complaint is filed, the WHD will investigate. This might involve reviewing records and interviewing both you and your employer.

4. Resolution: If the WHD finds a violation, they will work to recover your unpaid wages. In 2019, the WHD recovered $322 million for workers, showcasing their effectiveness in wage recovery.

The statute of limitations for filing a claim is typically two years. However, if the violation is found to be willful, this period extends to three years.

Filing with the U.S. Office of Personnel Management

For federal employees, the process might differ slightly. The U.S. Office of Personnel Management (OPM) handles FLSA claims for federal workers. Here's what you need to know:

1. Determine Grievance Procedure: First, check if you are required to use a negotiated grievance procedure. If so, you must follow this path and cannot file directly with OPM.

2. Choose Your Filing Path: If a grievance procedure is not required, you have the option to file your claim with either the agency employing you during the claim period or directly with OPM. However, you cannot file with both simultaneously.

3. File in Writing: Claims to OPM must be in writing and signed by you or your authorized representative. It's crucial to include all relevant information before a decision is made.

4. Final Decision: An OPM decision is final and not subject to further administrative review. If you receive an unfavorable decision from your agency, you can still file with OPM, but not vice versa.

5. Statute of Limitations: Similar to WHD, the statute of limitations applies here too. Be mindful of the two-year limit, or three years for willful violations.

Filing a claim with OPM or WHD is a crucial step in ensuring your rights are protected. Understanding this process empowers you to take action confidently.

Common FLSA Violations and How to Address Them

Understanding common violations of the Fair Labor Standards Act (FLSA) can help you recognize when your rights might be compromised. Let's explore some of the most frequent issues and how to address them.

Overtime Violations

One of the most common FLSA violations involves overtime pay. Non-exempt employees should receive 1.5 times their regular pay rate for any hours worked over 40 in a workweek. Unfortunately, some employers try to sidestep this rule by misclassifying employees or manipulating timesheets.

What to Do:

1. Track Your Hours: Keep a detailed record of your work hours, including any overtime worked.
2. Address the Issue: Speak to your employer if you notice discrepancies. If unresolved, consider filing a complaint with the Wage and Hour Division (WHD).
3. Seek Legal Help: Consult with a legal expert if you need assistance navigating the complaint process.

Minimum Wage Violations

The federal minimum wage is set at $7.25 per hour. However, some employers unlawfully deduct wages for things like uniforms or cash register shortages, which can drop your earnings below this threshold.

What to Do:

1. Understand Your Pay: Review your pay stubs to ensure all deductions are clear and lawful.
2. Communicate Concerns: Discuss any wage issues with your employer. If there's no resolution, reach out to the WHD.
3. File a Claim: If necessary, file a claim to recover lost wages.

Child Labor Violations

The FLSA sets strict rules to protect minors in the workplace, including limits on the types of work they can do and the hours they can work. Despite these protections, violations still occur.

What to Do:

1. Know the Rules: Familiarize yourself with the child labor laws applicable to your age group.
2. Raise the Alarm: If you suspect a violation, report it to your employer or directly to the WHD.
3. Seek Guidance: Contact a legal professional if you need help understanding your rights or filing a complaint.

Addressing FLSA violations is crucial for safeguarding your rights and ensuring fair treatment in the workplace. If you encounter any of these issues, taking prompt action can lead to a resolution. In the next section, we'll dive into frequently asked questions about FLSA claims.

Frequently Asked Questions about FLSA Claims

What is the statute of limitations for FLSA claims?

When it comes to filing a claim under the Fair Labor Standards Act (FLSA), timing is crucial. Generally, you have a 2-year limit to bring a claim for unpaid wages or overtime. However, if your employer's violation is deemed "willful," this period extends to 3 years. A willful violation occurs when an employer either knew or showed reckless disregard for whether their conduct was prohibited by the FLSA.

Can FLSA claims be waived in private settlements?

The short answer is no. According to a Supreme Court ruling in the Brooklyn Savings Bank v. O'Neil case, employees cannot waive their rights to FLSA claims through private settlements. This landmark decision ensures that workers cannot be coerced into giving up their rights to fair wages and overtime pay, even if they sign an agreement. Therefore, any settlement must be approved by a court or supervised by the Department of Labor to be valid.

How does FLSA define hours worked?

Understanding what constitutes "hours worked" is essential for ensuring proper wage calculations. Under the FLSA, "hours worked" includes all the time an employee is required to be on duty or on the employer's premises. This also covers any time spent performing tasks that benefit the employer, even if they occur outside regular working hours. For example, answering work emails during a lunch break is considered compensable time.

If you have more questions about your rights under the FLSA, or need help with a claim, Watson & Norris, PLLC, is here to assist. Our legal experts are dedicated to protecting your rights and ensuring you receive the compensation you deserve.

Conclusion

At Watson & Norris, PLLC, we understand the complexities of employment law and are committed to standing by you every step of the way. Our legal expertise in FLSA wage and hour claims ensures that employees across Mississippi receive the representation they deserve.

Whether you're dealing with unpaid wages, overtime violations, or any other workplace issues, our team is here to help. We offer personalized legal advice and representation custom to your specific situation. Our goal is to make sure you understand your rights and have the tools you need to claim them.

We believe in fighting for fair treatment in the workplace. That's why we're dedicated to providing top-notch legal services to employees throughout Mississippi, from Jackson to Tupelo and beyond.

If you believe your rights have been violated, don't wait. Contact us today to learn how we can assist you in navigating the complexities of wage and hour claims. Let us help you secure the compensation you're entitled to.

For more information on how we can assist with your FLSA claim, visit our Wage and Hour Claims page.