Walker County FLSA Lawyer
Both federal and state laws protect employees in the workplace. Perhaps most well-known among these laws is the Fair Labor Standards Act (FLSA), a federal law which contains provisions concerning the minimum wage and overtime pay.
If you believe that your employer might have violated the FLSA by wrongfully denying or withholding wages, you could be entitled to recover damages that a Walker County FLSA lawyer could help you pursue. A statute of limitations applies to FLSA claims, so do not delay in contacting a qualified personal injury attorney to discuss your available legal options.
Employee Classifications Under the FLSA
Employers have an obligation to pay overtime to certain employees who work more than forty hours in a work week. Generally, overtime pay is equivalent to one and a half times the employee’s usual hourly wage.
While the overtime provision of the FLSA covers many employees, there are some notable exemptions. As such, determining whether or not an employee is exempt from the FLSA’s overtime provision is an important part of the claims process.
The following types of employees may be exempt from the FLSA’s overtime requirements:
- Executive employees
- Administrative employees
- Professional employees
- Independent contractors
- Outside sales workers
- Computer specialty workers
Another basis for exemption is salary. An employee who receives a salary, which does not vary based on the quality of his or her work or the targets that he or she meets, may not be eligible for overtime pay.
Both the duty-based and salary-based exemptions can be more complex than they may appear at first. An FLSA attorney in Walker County could help an employee determine his or her proper classification and ascertain whether or not he or she is entitled to backpay.
Employee Misclassification
Many FLSA cases involve employees who are misclassified into a category that does not match his or her job duties that restrict from benefits to which he or she may be entitled under the law. In some cases, an employer may inadvertently misclassify an employee as exempt from FLSA overtime requirements.
In other cases, however, an employer may intentionally misclassify a worker in an attempt to avoid paying legally mandated overtime. It is important to examine the duties that a worker actually performs and the basis of his or her pay in order to determine if he or she is exempt. Misclassified non-exempt employees may be entitled to overtime pay as part of damages he or she recovers through a lawsuit. A knowledgeable lawyer could help a worker determine whether he or she has been misclassified.
Damages in an FLSA Case
An individual may be able to recover the wages which he or she earned but did not receive from his or her employer through an FLSA action. He or she may also be able to receive liquidated damages. Whether an employer intentionally or inadvertently failed to pay wages which were due to an employee is an important factor in the award of liquidated damages.
If an employer cannot show that they justifiably failed to pay the wages which were due, they might have to pay liquidated damages in addition to the wages which were due. Liquidated damages may equal the amount of unpaid wages an employee should have received. An experienced FLSA lawyer in Walker County could help distinguish between accidental and purposeful wage violations to determine the possibility of liquidated damages.
Contact a Walker County FLSA Attorney as Soon as Possible
If you believe that you are entitled to wages which your employer has not paid, they may have violated a provision of the FLSA. If this is the case, it could be important to discuss the details of your case with a seasoned attorney as soon as possible.
There is a time limit on FLSA claims, so delays can be detrimental to your chances of a positive result to your case. Call a Walker County FLSA lawyer today so we can start evaluating your claim and provide guidance about the next steps in the claims process.
