FLSA Defense

Whether you are managing a small family business or running a large corporation, the federal Fair Labor Standards Act (FLSA) applies to your operations. An allegation of violating this law may have a significant impact on your company. The Brandon FLSA defense attorneys at The Law Offices of Michael J. Owen offer zealous representation for businesses facing these actions. We are dedicated to making sure that disgruntled employees or other parties do not unfairly damage the financial well-being or tarnish the reputation of our clients. When appropriate, we can also work to reach an appropriate settlement that helps businesses quickly move forward. If you need assistance with defending against a FLSA claim, contact our business law attorneys today.

The FLSA sets requirements regarding minimum wage and overtime pay, as well as record keeping and employment of youth standards. The FLSA also marks certain individuals as exempt from its stipulations. Employers owe extra compensation to employees who work over 40 hours in a given workweek. When an employer fails to provide overtime pay, employees may file a FLSA action against the employer. These claims, if successful, may result in significant costs to an employer in the form of liquidated damages, which are awarded for double the amount of pay owed to an employee.

However, the FLSA overtime stipulations do not apply to all employees, even if they work over the allotted 40 hours. People with significant responsibility within a company are exempt from overtime pay requirements, which includes executive, administrative, and professional employees, as well as certain union workers and personal attendants. Increasingly, employees are challenging their exempt status, and sometimes companies may be liable for misclassifying these employees with regard to FLSA regulations. These exemptions, as well as employee classifications, may require investigation and research into complex areas of employment law. Consulting an experienced attorney who can assist your company in determining the validity of a FLSA claim can help ensure a favorable outcome.

In instances in which a FLSA violation does occur, a business may rely on one of two good-faith defenses in order to avoid liability or limit damages. An employer’s wage and hour violation may be excused if it can prove that its actions were based on and in accordance with a written administrative regulation, interpretation, or order issued by the U.S. Department of Labor. A company may also reduce liquidated damages accountability if it shows that it was acting in good faith, with a reasonable belief that it was not violating the FLSA. This defense does not remove all liability, but it may greatly reduce awards against a company as punishment for alleged wrongdoing.

Fair pay and equitable treatment are important to the success of any business. But sometimes certain practices may be overlooked, or a business may be vulnerable to litigious employees. Having knowledgeable legal representation and guidance may help ensure that your business thrives. The Brandon FLSA defense lawyers at The Law Offices of Michael J. Owen offer dedicated services for businesses. We represent clients in Riverview, Tampa, and across Hillsborough County. If you need assistance in a matter regarding an alleged FLSA violation, call us at (813) 502-6768 or contact us online. We also can assist clients who need a bankruptcy attorney or representation in matters involving foreclosure defense, real estate, title services, consumer protection actions.