Overtime Lawyer Defending Businesses

FLSA Lawsuits in Florida and Georgia

Fair Labor Standards Act (FLSA) claims, that an employer didn't correctly pay overtime or minimum wages to an employee, are common in Florida. Overtime lawsuits are frequently brought under the Fair Labor Standards Act (FLSA); though they can also be brought under certain Florida and local laws as well. Overtime lawyers fight lawsuits under the FLSA which may allege that an employee was forced to work off the clock, that a tipped employee performed non-tipped duties while getting paid at the tip credit rate, or that a salaried employee should have been paid on an hourly basis with overtime pay.

What surprises many people is that FLSA and overtime lawsuits can be brought against both the employer and individual owners/managers.

While the amount of overtime pay at issue may be small, FLSA litigation can be quite costly because the law frequently doubles the damages. Additionally, if the employee is successful, then the employer defending the overtime lawsuit usually has to pay for the employee's attorney's fees.

Making sure your employees are properly paid overtime may seem simple and straightforward. However, if an FLSA suit comes your way, you may have to prove how much an employee worked and how much you paid that employee for the past three years on a week-by-week basis. If there is an FLSA dispute about the amount of overtime worked or the amount of money, then you may use computer log-in/log-out records, key card access records, phone records, and other records to reconstruct the employee's workdays.

Some firms rely on overtime attorneys and paralegals to compile these records, however, using data to reconstruct daily activity is the type of activity that computers are made for. Spire Law makes use of modern tools to make sure the employee records are compiled efficiently and accurately.

What defenses are available to wage and hour/FLSA lawsuits?

.The available or reasonable defenses that apply to FLSA cases will vary based on the individual case. Some commonly cited ones are:

• Good Faith Effort: A significant defense for employers is demonstrating a 'good faith effort' to comply with the FLSA.Employers who genuinely try to follow FLSA standards may have a viable defense against damages.

• Statute of Limitations: FLSA claims must be filed within two years of the alleged violation (three years for willful violations). Florida courts have clarified the application of this defense, emphasizing the need for timely filing of claims.

• Bona Fide Executive, Administrative, or Professional (EAP) Exemption : The FLSA exempts certain employees from overtime pay requirements. Florida courts have provided guidance on this exemption, particularly in cases like 'Miller v. Pate' where job duties and salary levels are scrutinized.

• Outside Sales Exemption: This exemption applies to employees primarily engaged in outside sales. In 'Christopher v. SmithKline Beecham Corp.', the Supreme Court elaborated on the scope of 'outside sales' under this exemption.

• Volunteer Exception: FLSA recognizes a distinction between employees and volunteers, though whether this defense is likely to succeed when the plaintiff is titled a "volunteer" is a nuanced analysis.

How much do FLSA lawsuits cost?

When plaintiffs are successful in recovering unpaid wages under the Fair Labor Standards Act, they're generally entitled to 2x the amount of unpaid wages. In settlements brought under the FLSA, the defendant often will be required to pay the plaintiff's attorneys fees as wel; as their own defense attorney's fees.

What is the process or the next steps after being served with an FLSA lawsuit?

If served with an FLSA lawsuit, you should speak to an attorney like Jesse Unruh right away. A qualified attorney can explain the lawsuit process that is specific to your case.