|Posted by Danialle on May 12, 2011 at 6:09 PM|
The number one type of case being filed in federal court at this time is allegations of violations of unpaid overtime wages. Employees across the United States are checking employers for violating the wage and hour regulations under the Fair Labor Standards Act (FLSA). Most employers are not paying employees for what is considered to be “compensable work” pre- and post-shift work, working off-the-clock, etc.
Well employees can now start tracking all hours of work performed for their employers on their smartphones or iphones by using an app. There is now an app for everything, even one that helps you when lawsuits. The Department of Labor recently announced that is “to help employees independently track the hours they work and determine the wages they are owed.” This application will assist in the investigation and presentation of evidence of employers failing to maintain proper and accurate time records of their employees. This will also help employee/plaintiff attorneys across the country verify and support the unpaid wages violations. DOL is in the process of creating other “apps” that can assist with FLSA compliance for both employees and employers.
FLSA is a federal law that generally requires employers to pay overtime wages of time and a half (1½) to certain employees for work performed in excess of
forty (40) hours per week. This may include employees who work forced to work
“off the clock” to those who were told they are “exempt” but truly are not.Generally, if an employer knows or reasonably should know that covered employees
are working more than forty (40) hours per week, those employees should probably
be paid overtime.After the amendments to FLSA, several employers mistakenly believed that if
their employees were paid a “salary” instead of “by the hour” then the employee was
“exempt;” and therefore, the employees were not entitled to overtime wages. Salary
wages alone will not be enough to deny an employee from overtime compensation.
Consideration has to be given to the specific job duties performed by the employee
and the amount of wages before denial of overtime wages is appropriate.
If your employer has violated the FLSA, you may receive the following:
1. The unpaid overtime plus interest,
2. An additional amount equal to the unpaid overtime (liquidated damages),
3. Costs and your attorney’s fees paid by the employer.
Contact our office today for a consultation or if you have questions.
Danialle Riggins, Esq.
421 South Pine Ave.
Ocala, Fl 34471
May 12, 2011