MORE FLSA FAQs
People spend an overwhelming amount of their lives at their jobs, putting in time to make sure that their employers are happy with their job performance. Because of this time commitment, workers deserve to be treated fairly by their employers, particularly when it comes to how much they are paid.
Unfortunately, this is not always the case, as employers will often fail to pay the overtime that is due to their employees.
What Overtime Is Owed to Employees?
The Fair Labor Standards Act (FLSA) is a federal law that provides overtime protection to covered employees. The law is incredibly complicated and contains a number of loopholes and exclusions. But, if the FLSA applies to an employer and employee, the employer must pay the employee time and a half for time per hour beyond a forty-hour workweek. Under the law, a workweek typically consists of a period of seven consecutive 24 hour days.
How Long Do Employees Have to Bring Unpaid Overtime Claims Under the FLSA?
If your employer has failed to pay you overtime, you only have a period of two years from the date of the overtime violation to bring a wage and hour violation claim under the FLSA. This period is extended to three years if the employer’s violation of the FLSA is determined to be willful.
Can An Employer Fire an Employee for Bringing an FLSA Overtime Claim?
No. The law specifically provides protection from employer retaliation for making FLSA claims. This gives employees protection to assert their legal rights without fearing consequences from their employers.
Where Can I File My FLSA Unpaid Overtime Claim?
The law allows employees to file FLSA overtime claims in either state court or federal court. However, it is important to remember that the employer has the option of transferring (called “removing”) the case to federal court.
Call to Discuss Your Potential Wage and Hour Claim with a Louisiana Overtime Lawyer Today
If you feel that your employer has not paid you the overtime that you are due, call The Mahone Firm today at (504) 564-7342 to discuss your case. There is no charge to discuss your wage and hour claim with an overtime lawyer.