Fair Labor Standards Act (FLSA)
We at Massey & Duffy pride ourselves on getting relief for workers that have been “short-changed” by not getting paid properly, suffering from unpaid wages, and not being paid on time by an employer. At the same time, we often defend businesses that are being sued by greedy employees trying to extort legitimate businesses. Whether we are bringing or defending unpaid wage lawsuits, you can be comfortable that our lawyers know what they are doing and are well respected in the field of Labor and Employment Law.
One of the laws we know well is the Fair Labor Standards Act (FLSA). The FLSA usually involves cases involving a small amount of money. Class actions can occur when employees who are “similarly situated” are all subject to a policy of the employer. These employees were either not being paid the proper minimum wages due to wrongful deductions (for example, uniform charges) or not compensated properly for all hours worked over 40 in a workweek.
Speaking of overtime issues, these cases are widespread. There are several ways that an employer can violate the overtime laws, such as “Chinese overtime” schemes. Other misguided employers misclassify employees as independent contractors or simply pay them under the table. Numerous FLSA Exemptions also make the waters murky. For example, an employee is often “exempt” from the FLSA if the employee earns enough compensation and meets other criteria for managerial or executive persons.
Another widespread problem is the fluctuating workweek. Analysis of that problem can be quite complex but is something that our law firm handles with ease and confidence. It is essential to understand the current case law and how and when these laws change. Other attorneys may be both plentiful and newcomers, but we at Massey & Duffy have a diverse knowledge of both Employer and Employee disputes.