Overtime Wage Violations Can Be Severe

 Overtime Wages can be Severe Reyes Law Group BLOG post by Carlos J. Reyes, Attorney at Law Plantation FL

Overtime Wage Violations Equal Big Financial Consequences

Under the Fair Labor Standards Act (29 U.S.C. sec. 201-216)(“FLSA”), an employee eligible for overtime pay can sue an employer in Federal Court for the employer’s failure to pay overtime and minimum wages for work performed in excess of 40 hours weekly. This failure would fall under overtime wage violations and the financial consequence can be severe!

Under 29 U.S.C. sec. 207(a)(1), if an employer “employs an employee for more than forty hours in any work week, the employer must compensate the employee for hours in excess of forty at the rate of at least one and one half times the employee’s regular rate ….”  Coupling that with a business that handles goods and materials that travel through “interstate commerce” (meaning goods or materials that are transported between states), the business is considered an “enterprise” and as such, subject to the FLSA.

Typically when a plaintiff’s lawyer files an overtime wage violations claim of this nature, they will allege the business owner “willfully and intentionally” refused to pay the overtime wages.  This is done as a way of extending the statute of limitations period from 2 years to 3 years and allowing the claimant to pursue an extra year of employment overtime pay.  In general, this “willful” allegation is a formality because irrespective of whether there was an agreement between the employer and employee or whether there was a rationale which the employer believed excused the non-payment, the employee is viewed to be in the weaker employment position and the application of the law is almost like a strict liability application.

The end result of an overtime wage violations claim can typically mean the business owners end up facing penalties in the form of “liquidated damages” amounting to double the wages proven due and owing, and “reasonable attorneys’ fees” for the time required to bring the claim.  It can lay a severe economic punishment even when the underlying reasons for any shortage were unintentional.

Litigation is always the last place a company wants to find itself, especially when it reveals it has not been following a “best practices” approach to managing a growing employee workforce.  With proper oversight and guidance, Reyes Law Group can help employers avoid being in such a vulnerable and punitive environment.  As with all labor and employment law issues faced by mid-sized and large companies, preventive legal management is key to avoiding the punitive impact of federal labor laws.  Under the RLG Outside Counsel Program, the Reyes Law Group can serve as a trusted advisor, offering counsel and guidance on the array of legal issues employers must monitor…overtime wage violations being one of many.  Having knowledgeable legal counsel on your side will protect your business and your legal rights.  At the Reyes Law Group, we value our clients and passionately represent their interests, and earn their trust daily.

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Carlos J. Reyes  is the Principal of Reyes Law Group. He has been a member of the Florida Bar since 1988 and practices state-wide.  Carlos has been awarded a rating of “AV Preeminent” which is the highest possible rating in both legal ability and ethical standards by Martindale-Hubbell – a well-recognized legal resource. The RLG Legal Team also include attorneys Melissa J. Ulloa and the RLG Legal Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan Modifications, Family LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993  Se Habla Español.

Visit our firm website ReyesLegal.com and review our credentials.

We are located at 150 S Pine Island Rd #210, Plantation, FL 33324

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The Reyes Law Group BLOG is intended to provide information to firm clients, friends and potential clients about various legal related topics. Nothing in this BLOG should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this BLOG without seeking the advice of legal counsel.  *Past results are no guarantee of future results.

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Written by Reyes Law Group