top of page
Unpaid Overtime and Unpaid Wages Lawyer
The Fair Labor Standards Act (FLSA), enacted in 1938, is a significant legislation that safeguards workers' rights in the United States. It establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Our FLSA and overtime lawyer, Nolan Klein, has been fighting for the rights of FLSA litigants over the last 15 years. He has extensive knowledge and experience in handling overtime, unpaid wages, minimum wage violations, and other labor law issues. If you are facing any of these issues or have questions regarding your rights as an employee or an employer, Nolan is here to help. Call +1 877.253.5406 or complete our online contact form to schedule a consultation.
Overtime Pay Provisions
The FLSA requires that employees be paid overtime at a rate of one and a half times their regular hourly rate for any hours worked over 40 in a workweek. This applies to all non-exempt employees, regardless of whether they are hourly or salaried workers. However, there are certain exemptions to this rule for specific job positions and industries. An overtime lawsuit can be filed against an employer who fails to properly compensate their employees for overtime work.
FLSA Defense for Employers
The grounds for an employer defense against a Miami FLSA claim vary, but there are several common arguments that employers and their FLSA or overtime lawyers may use. These include:
Bona Fide Executive Exemption: If an employer can prove that an employee is a bona fide executive, this may serve as a defense. Employees may fall under this category if their primary duties involve managing a business or department, they regularly supervise at least two employees, and have the authority to hire, fire, or significantly influence the job status of other employees.
Administrative Exemption: This applies to employees who perform non-manual work related to the management of the business or its customers, and who exercise independent judgment and discretion in significant matters.
Professional Exemption: This defense can be used for employees who perform tasks that require advanced knowledge and education, and for creative professionals whose work depends on invention, imagination, or talent.
Computer Employee Exemption: If an employee works as a computer systems analyst, programmer, or in a similar role, the employer may be exempt from paying overtime wages.
Outside Sales Exemption: Employees whose primary duties involve making sales or obtaining contracts for services, and who regularly work away from their employer's place of business, may fall under this exemption.
Highly Compensated Workers: Employees who perform office or non-manual work and earn $107,432 or more a year, including at least $684 a week on a salary basis, are exempt from FLSA overtime rules.
Fluctuating Workweek Method: If an employee’s hours of work do not customarily follow a regular schedule but fluctuate from week to week, a fixed salary arrangement might be applicable, resulting in a lower overtime pay calculation.
Good Faith Defense: If an employer can show they acted in good faith and had reasonable grounds for believing they were not breaching the FLSA, this may serve as a defense against a wage and hour claim.
The complexity of overtime laws and overtime lawsuits can make it challenging for both employees and employers to understand their rights and responsibilities. If you find yourself in a situation where you have been denied fair compensation, it is crucial to seek the advice of a specialized FLSA lawyer. These legal professionals can guide you through the process of filing a claim and help protect your rights under the FLSA or in FLSA litigation.
Talk to a Fair Labor Standards Act Attorney Today
If you are facing issues related to overtime pay, minimum wage, or unpaid wages, our FLSA overtime attorney, Nolan Klein, is here to help. Contact us today to schedule a consultation and learn more about your legal options.
bottom of page