Wage and Hour Laws

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What Are Wage and Hour Laws?

Wage and hour laws govern the basic standards for minimum wages and overtime pay in the workplace. The main wage and hour law is the Fair Labor Standards Act (FLSA). Among other things, the Act covers these main issues:

Employers are required to abide by the rules set out in the Fair Labor Standards Act. Besides following FLSA standards, employers need to keep accurate records about the following:

Failing to do so can result in legal consequences, and may result in wage and hour lawsuits filed by employees.

What Are Some Common Lawsuits Involving Wage and Hour Claims?

Wage and hour claims are the most common type of employment lawsuits. Disability and discrimination claims are also common in labor disputes. Wage and hour issues typically involve an employer failing to pay employees minimum wage or overtime.

In less common cases, an employee may abuse work procedures and claim FLSA benefits that they aren’t entitled to. In general, most wage and hour law claims involve complaints against employers.

Common issues involved in wage and hour lawsuits include:

What If I Need to File a Wage and Hour Claim?

If you have a wage and hour dispute, you’ll probably need to file a claim with the Wage-Hour Division of the U.S. Department of Labor first. The Wage-Hour division will conduct an investigation to determine if there are FLSA violations. If a violation is found, they may enforce penalties against the employer. Penalties may demand that employers adjust their labor policies.

If the Department of Labor is unable to provide you with the appropriate remedy, you may also file a private civil lawsuit against your employer. You may be entitled to receive a damages award for losses such as back pay. Employers are prohibited, by law, from firing an employee who makes a report about wage and hour disputes in the workplace.

Should I Get a Lawyer for Wage and Hour Claims?

Yes. Filing a wage and hour claim requires documentation and can sometimes be complex. You may need the help of an experienced employment lawyer to help file a claim with the Wage-Hour Division in your area. An employment attorney can help you get legal relief, and can represent you in court if a lawsuit arises.  

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Last Modified: 05-06-2015 04:51 PM PDT

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