FLSA Litigation

The Fair Labor Standards Act (FLSA) (“the Act”), one of the oldest employment laws in the United States, impacts businesses large and small, in every industry. Its provisions are designed to protect workers from employers who would take advantage of them. However, even the most conscientious employer can be at risk of inadvertently violating the Act’s provisions, or of a current or former employee claiming that the employer violated the Act.

The FLSA litigation attorneys at Hamra Law Group represent employer against FLSA claims, helping to defend and protect their interests – and the reputations of their businesses.

At its most basic level, the FLSA provides a framework of rules employers must follow for paying employees fair wages and overtime, establishes record keeping requirements for employers, and sets standards for the employment of anyone under the age of 18.

The most common types of FLSA claims involve misclassification of workers, situations where employees claim they were not paid for work completed “off the clock”, overtime violation claims, and cases related to tipped employees required to share tips with employees who are not eligible for tips.

• • Misclassification of Employees – Employers often choose to use independent contractors rather than hiring employees for a variety of reasons. Contractors are not eligible for the minimum wage, overtime protection, family and medical leave, unemployment and other benefits afforded to employees. In many FLSA lawsuits, workers claim the employer wrongly classified the workers as independent contractors, and that the workers should be entitled to the full protection of the FLSA and other employment laws.
  • “Off the Clock” Work – Employees may also claim they were forced to punch out for meal times and other rest breaks, but were required to work through those breaks, or that they were required to work before or after punching in or out for their shifts.
  • Exempt Status Violations – Certain employees are exempt from the FLSA’s requirements. Employees may file a lawsuit alleging they were treated as an exempt worker when they actually should have been afforded protection under the FLSA.
  • Overtime Lawsuits – The FLSA requires employers to pay hourly employees 1.5 times their normal hourly rate when they exceed 40 hours in a week. Many FLSA claims allege the employer didn’t properly compensate one or more employees.
  • Tip Sharing Claims – Employees who are compensated in part through tips or commissions may claim that their employer required them to share those tips or commissions with other non-tipped workers. Employees with commission income or tip income can present unique challenges when these types of lawsuits are brought.

Hamra Law Group represents employers against these and other FLSA claims, asserting every available legal defense.

Class action and multi-plaintiff FLSA litigation are becoming more common when current and/or former workers band together to allege an employer violated one or more provisions of the FLSA.

Hamra Law Group can help your business protect itself from these types of claims, and defend against them when they arise.

FLSA litigation claims can present challenges to businesses; Hamra Law Group can help.

We work closely with clients to develop defense strategies designed to resolve the matter efficiently and cost-effectively. We take an aggressive approach to protect our clients’ business interests, seeking to minimize damages.