FLSA Violations

The most important federal law designed to ensure that employees are paid fairly is the Fair Labor Standards Act of 1938 (FLSA). Not only did it establish the 40-hour workweek, it also established a federal minimum wage, and placed restrictions on child labor. Over the years, the FLSA had been amended numerous times and now includes provisions supporting employees who are also nursing mothers. Despite the fact that the FLSA has been in place for nearly a century, some employers regularly violate the requirements of the FLSA by failing to pay employees overtime and by paying employees less than minimum wage. If an employer fails to abide by the requirements of the FLSA, the affected employees have to right to demand payment of wages owed. If you are in need of an employment lawyer because your employer has violated any of your rights under the Fair Labor Standards Act, it is important that you contact an experienced Los Angeles FLSA Violations Lawyer who will review the facts of your case and who will help you receive the compensation to which you are entitled.

FLSA Requirements and Violations

While the FLSA has specific requirements regarding overtime pay, child labor, tip credit, and nursing mothers, the most common FLSA violations are related to hours and wages. Employers often find ways to avoid paying employees overtime and to avoid paying employees for all time worked.

Failure to pay overtime. Employers are required to pay nonexempt employees time and a half their regular rate of pay for all hours worked over 40 in a single workweek. One of the most common ways that employers violate the FLSA’s overtime requirement is by misclassifying nonexempt employees as exempt. Just because an employer says an employee is “management” does not necessarily mean that the employee is actually nonexempt. The normal job duties that the employee performs are what determine whether or not an employee is exempt from the FLSA overtime requirement.

Failure to pay employees for all time worked. Employers must pay employees for the time they worked. Unfortunately, there are employers who require employees to “clock out” and continue to work. In other cases employer timekeeping systems do not accurately keep track of all time that employees actually work. Workers who are asked to work off the clock are likely to have FLSA claims.

Example

In Mendiola v. CPS Sec. Solutions, Inc., 60 Cal.4th 833 (Cal., 2015) CPS employed on-call guards to provide security at construction worksites. Part of each guard's day was spent on active patrol and each evening guards were required to be on call at the worksite and to respond to any disturbances. During the week each guard was on patrol for 8 hours, on call for 8 hours, and off duty for 8 hours. On weekends each guard was on patrol for 16 hours and on call for eight hours. If an on-call guard wanted to leave the worksite, he had to notify a dispatcher and

indicate where he or she would be and for how long. If another employee was available for relief, the guard had to wait onsite until the reliever arrived. If no reliever was available, the guard had to remain onsite. Guards were not paid for on-call time unless something happened that required them to investigate. The CPS guards filed a class action lawsuit claiming that the CPS’ compensation policy violated minimum wage and overtime requirements. The court sided with the guards finding that on-call time was compensable.

Consequences of Violating the FLSA

The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor. The relief offered to employees who are the victims of employer FLSA violations differs depending on the type of violation. For example, for an overtime violation, the employer will be ordered to pay the employee back wages. The employer may be required to pay up to two, or sometimes three, years of back wages, along with liquidated damages.

Los Angeles FLSA Violations Lawyer

If you believe that your employer has violated the Fair Labor Standards Act by failing to properly compensate you for the work you completed or for violating any other provision, it is important that you are represented by an attorney with experience who will investigate your case and make sure that your rights are protected. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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