The Fair Labor Standards Act (FLSA) of 1938 is a United States labor law that gives workers the right to a minimum wage, as well as overtime pay when employees work more than 40 hours a week. It also prohibits employment of minors in “oppressive child labor.” When a company violates any of the FLSA regulations, employees can file a lawsuit against their employer. These violations can include wage and hour violations, such as unpaid overtime and wages that fall below minimum wage.
Even when business owners unintentionally violate the terms of FLSA, it is important they understand how to prepare for litigation to maintain their company’s good standing. If you are an Illinois business owner who is facing such allegations, an experienced attorney can help protect your business.
In many companies, the human resources (HR) department or person is responsible for making sure management is adhering to FLSA rules. In some cases, owners or managers may not even realize that what they are or are not doing is considered a violation. In other instances, it could result from a misunderstanding or miscommunication between a supervisor and an employee. A few examples of the most common types of FLSA violations include:
Although the FLSA is intended to protect employees, an employer can face unjustified or wrongful FLSA violation claims. Sometimes these come from a disgruntled worker who got passed by for a promotion. Fortunately, there are several possible defenses to limit or avoid liability:
If your company is facing any type of FLSA violation or litigation, it is imperative that you seek professional legal counsel to ensure the long-term success of your company and avoid costly fines. Attorney Richard J. Miller represents small- to mid-sized businesses in a variety of legal matters with aggressive, efficient defense strategies that can keep your company open for business. With his prior experience and financial background, he understands how to resolve your legal issues so you can protect your livelihood. At the Miller Law Firm, P.C., our dedicated Illinois employment law attorney is well-versed in Illinois business law and is prepared to help you. To schedule your free consultation, call our office today at 847-995-1205.