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Addressing a violation of the FLSA

On Behalf of | Oct 5, 2023 | Firm News |

The Fair Labor Standards Act (FLSA) was enacted to ensure employees’ rights are protected and that they have fair working conditions. If your employer violates the FLSA there are steps you can take to address it.


The FLSA set out a federal minimum wage that employers must pay their employees. It also requires that covered employees who work more than 40 hours in a workweek are paid overtime. The overtime rate must be at least one and a half times the employee’s regular rate of pay.

If your employer did not pay you minimum wage or overtime, your employer may have violated the FLSA. Employers must also keep accurate records of their employees’ work hours and how much they are paid.

Employer violations

In some situations, you may be able to discuss potential FLSA violation with your employer. This may be appropriate where the employer made an honest mistake in calculating your pay, for example.

If this does not resolve the issue, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor or can file a lawsuit against your employer for unpaid wages, including unpaid overtime.

It is against the law for your employer to retaliate against you for filing a FLSA claim. If the claim is successful, your employer may be required to pay back wages, fines and penalties.

There may be a time limit to file a FLSA claim, so it is important to address FLSA concerns as soon as possible.