Employment and Labor Law

Overtime Violations under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay standards for employees in both the private and public sector. Covered non-exempt employees must receive overtime pay for hours worked over 40 per workweek at a rate not less than 1.5 times the regular rate of pay. While there are limited exemptions to the FLSA’s overtime provisions, they are very narrowly defined. A costly mistake often made by employers is assuming that an employee is exempt from the FLSA overtime provisions, when in fact he or she is not.

Our firm is well-versed in helping employers navigate the sometimes confusing landscape of the FLSA. We frequently assist employers in determining whether or not its employees fall within one of the narrow FLSA exemptions, or are covered by its overtime provisions. By working closely with a company’s human resource professionals to make these determinations at the start of an employment relationship, we limit the company’s exposure to potential claims down the road. We also have extensive experience in representing employers in FLSA cases before the federal courts.