Defending FLSA / Overtime and Unpaid Wage Claims
Just because the burden is on you and/or your company to prove that you are innocent does not mean the case is not defendable. Contact Oppenheim Law so we can discuss with you the methods our firm uses in defending unpaid hourly wage claims.
Unpaid Overtime Wages Defense
Federal Law, through the Fair Labor Standards Act (“FLSA”), requires employers to compensate employees at their base hourly wage plus 50% for each additional hour that the employee works after forty hours during any consecutive seven-day period. This pay structure is what is commonly referred to as “time-and-a-half” pay. Very often, current or former employees of a company will file a lawsuit alleging unpaid overtime wages and other FLSA violations. When facing a claim for unpaid overtime wages, the employer has the burden of disproving the employee’s claims. Overcoming this burden is generally done by proving that the employee either did not perform the overtime duties claimed by the employee or by demonstrating that the employee was in fact correctly compensated for the overtime duties performed. Another effective defense involves proving that the employee falls within a legally-recognized category of employment in which overtime pay exemptions are available. By proving that the employee does fit within one of the various exempt categories, their claim for unpaid overtime wages will be rendered meritless.
Facing unpaid overtime claims can feel like a ton of weight on the shoulders of you and your company. Our Firm can help you resolve your unpaid overtime issues so that you can go back and focus on what is really important. Give us a call today to get in touch with one of our employment law attorneys to discuss your case and assist you in identifying your legal options towards a satisfactory resolution.
Unpaid Hourly Wages Defense
As an employer, there is a likelihood that at some point during the lifespan of your business a current or former employee will claim that your company did not correctly compensate them for their time worked. Common allegations by employees bringing a lawsuit for unpaid wages against their current or former employers include, but are not limited to, the employers’ failure to:
- Pay for employee wages for time spent in company meetings
- Pay for employee training sessions
- Correctly account for hours worked
- Provide compensation for time worked at home for the benefit of the company
- Provide compensation for travel time between work sites.
A common challenge that employers face is actually proving that the employee did not work the amount of time that the employee claims that he or she did not get compensated for. The reason that such a situation is such a challenging feat is because the law places the burden on the employer to prove that the allegations of the employee are in fact false. The reality is that, generally speaking, the employee bringing the lawsuit needs no “hard” proof to support his or her claim of unpaid hourly wages.
There are exemptions to both the FLSA which are defined by law. Such exemptions extend to executive, administrative, and professional employees. It is critical that you know such exemptions as employers bear the burden to show that an employee meets the exemption requirements.
Just because the burden is on you and/or your company to prove that you are innocent does not mean the case is not defendable. Contact us online or give us a call at 954-384-6114 so we can discuss with you the methods our firm uses in defending unpaid hourly wage claims.