FLSA claims are cases filed in violation of the Fair Labor Standards Act. They are filed by an employee who was not paid overtime wages after they exceeded the required 40 hours of work per week. Most employers do not pay their workers overtime pay even if they are not exempted from receiving it. The FLSA requires workers who have worked overtime to be paid according to a fixed rate set by the law.
When filing an FLSA claim, you need not consult an attorney. However, these types of cases can be difficult to understand by an ordinary employee. It is therefore important to choose a lawyer with substantial knowledge and expertise with the FLSA. Your employer will most likely be defended by experienced lawyers so it is recommended to get the services of a lawyer to help you out with the case.
FLSA claims are filed as a “collective action” which includes employees who have expressed their willingness to be part of the case. Similar to a class action suit, FLSA lawsuits provides employees to come together and file one case against their employer. The complaint can be filed with the Department of Labor who will then conduct an investigation of the claim. Like any other lawsuits, they are subjected to a two-year statute of limitation. Therefore, you must file the case within that time frame or else you claim becomes void.
If the claim is successful, the parties to the case are entitled to receive back pay for all unpaid overtimes. The FLSA also requires employers to pay double the amount of back pay. Aside from that, they will be made to reimburse out of pocket litigation expenses and other attorney’s fees. The amount of the fees will be based on a certain percentage of the amount recovered from the case.