The FLSA does not guarantee any set amount of work time. Federal law does not set a particular schedule of work. An employer can lawfully “adjust schedules” within a workweek to avoid paying overtime to employees.
If you want to sue, it is best to hire an attorney with knowledge and experience in employment law. Keep a record of your employer’s actions and she is not following federal labor guidelines. You may also contact the U.S. Department of Labor (DOL) and discuss your employer’s actions. The DOL does not always prosecute a case, even though it may have investigated a claim.
Paying an FLSA lawyer is between you and your attorney. Some FLSA lawyers work on a “contingency fee” basis where they collect payment after judgment in the case. Usually, a “contingency fee” is a percentage of the awarded judgment. Suit expenses will either be paid by the client or advanced by the lawyer, depending on the arrangement. Before hiring an attorney, make sure you understand the financial arrangement completely, and obtain the attorney’s fee agreement in writing.
FLSA timelines are unpredictable, like any other type of lawsuit. Some cases can be settled out of court quickly. Other cases can take quite a long time to be brought to trial. Every case is different.
Covered, nonexempt employees are eligible for the federal minimum wage. Employees of federal, state or local government agencies, hospital employees, school employees, and domestic workers are also entitled to the minimum wage. The FLSA contains a number of exemptions from the minimum wage that may apply to some workers.
The FLSA will only allow payment recovery beginning two (2) years prior to filing the complaint in court. If the employer knowingly disregarded federal regulations, the FLSA will require payment be made beginning three (3) years prior to filing the complaint in court. Giving a complaint to an employer, or the Department of Labor, is not the equivalent of filing a complaint in court.
No. Those employees “similarly situated” may file an FLSA suit together as a class action. However, if the employees win the suit, those employees who did not join in the suit would not be entitled to the benefits of any judgment. “Similarly situated” is a legal standard
All private employees have the right to minimum and overtime wages even if they signed a waiver. Therefore, for overtime purposes, employees who sign a waiver or a severance agreement have the same rights as if they hadn’t signed anything at all. In most cases, only waivers supervised by the DOL or obtained in a private lawsuit can eliminate an employee’s rights. Certainly, see an attorney before signing any document that waives your rights. But even if you have already signed a document in exchange for severance pay, ask an attorney to review it. Experienced employment attorneys routinely perform this task in their practice. Even though a consultation fee may be charged, often the fee is not as large as you might think. The attorney will then let you know what rights, if any, you still possess. Employers often overlook important details and leave open certain opportunities for employees to receive pay due under federal law.