Understanding the Fair Labor Standards Act
Legare, Attwood & Wolfe’s partner Steve Wolfe work is focused on protecting the civil rights of employees against racial discrimination, sexual harassment, gender discrimination, age discrimination, and retaliation. He also dedicates part of his practice of law to making sure that Georgia’s workers are categorized properly by their employers and paid according to the law. In doing so, Steve negotiates settlements for clients typically resulting in the clients receiving two, and sometimes three-years of their unpaid overtime, or if need be, Steve pursues these claims in federal court, under provisions of the Fair Labor Standards Act (“FLSA”). Steve Wolfe represents “people who have the courage to make things right.” If you think you may be owed overtime, read on for more information about the wage and hour claims.
The FLSA is a federal wage law that provides certain employees the legal right to overtime pay when they work more than 40 hours a week. The FLSA allows employees to recover up to three years’ unpaid overtime wages, plus additional damages. It also allows groups of similar employees who are owed unpaid overtime wages to join forces in the same case, called a collective action.
Nearly every employer is covered by the FLSA. But interpreting the FLSA is not the easiest thing to do. Many employees are not even aware of their rights to overtime pay. For example, many people believe that only hourly-paid workers are entitled to overtime pay. That is not true. Salaried workers are often entitled to overtime pay under the FLSA. Inside salespeople and entry level managers are common examples. Steve has successfully represented individuals and groups of employees like inside salespeople whose employers misclassified them as exempt from the FLSA.
Another example is independent contractors. Many people believe independent contractors are not entitled to overtime pay. That is often not true either. Employers often misclassify people as independent contractors rather than employees to avoid paying them overtime wages. Independent contractors who were misclassified as employees can be legally entitled to overtime pay under the FLSA. Steve has also successfully represented individuals and groups of workers whose employers had misclassified them as independent contractors.
Even hourly-paid workers whose employers know they are covered by the FLSA are often denied overtime wages. Sometimes managers compel employees to work off the clock to complete assignments. Steve recently resolved a claim where employees would arrive to work but not be allowed to clock in until later. An hourly employee working “off-the-clock,” whether encouraged or just tolerated, is entitled to be paid for his or her off the clock hours under FLSA.
If you are not sure if you should be receiving overtime or if you think you are being classified as a 1099 independent contractor so a company can keep from paying overtime, it is best to have an attorney who regularly handles FLSA claims review your situation. He or she can evaluate the facts of your situation and let you know whether you have a claim.
Legare, Attwood & Wolfe, LLC specializes in representing employees who have not been paid overtime according to the law or have been misclassified and are due overtime wages. LAW also represents those who have suffered civil rights violations, including racial discrimination, gender discrimination (including pregnancy, sexual harassment, sexual orientation, and transgender discrimination), religious discrimination, national origin discrimination, disability discrimination, as wells as those who have Family Medical Leave Act claims harassment, and breach of contract or wrongful termination claims. If you want more information about your unique situation, we’ll be glad to see if we can help. 470.823.4000 | law-llc.com
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