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. Addditionally, 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.

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 willbe 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.