If the Fair Labor Standards Act (FLSA) applies to an employer and an employee, the employee is entitled to time and a half for overtime above 40 hours per work week. If the employer does not pay the overtime that is due, the employee can sue the employer in state or federal court for violating the FLSA.
An employee who is successful in his or her claim can recover the following different items of damages for FLSA claims:
1. Unpaid Overtime Wages as Damages for FLSA Claims
The calculation of the amount of overtime that is owed to an employee can be difficult. But, once proven, the employee can recover this amount from his or her employer.
2. Liquidated Damages for FLSA Overtime Claims
“Liquidated damages” under the FLSA are an amount equal to the amount of the unpaid overtime. For this reason, these damages are often called “double damages.” The federal courts have a presumption in favor of awarding liquidated damages, and an employer can only avoid paying these damages if (a) the employer’s actions were in good faith and (b) the employer had reasonable grounds to believe that it was complying with the FLSA.
3. Attorney’s Fees for Bringing FLSA Claims
Employers who are successful in FLSA overtime claims can also recover their attorney’s fees. The amount of attorney’s fees can increase significantly the longer a case drags on and provides a strong basis for employers to be reasonable in handling FLSA claims.
4. Court Costs as Damages for FLSA Claims
An employer can also be required to pay the court costs incurred by an employee in bringing a FLSA claim.
Contact a Louisiana Attorney to Discuss Your FLSA Overtime Claim Today
If your employer has failed to pay you overtime that you are owed, call The Mahone Firm today at (504) 564-7342 to discuss your rights. There is no charge to discuss your case with an employment attorney.