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1. What is a typical case about?
A typical case alleges violations of the FLSA. A plaintiff claims that their employer made automatic improper deductions from the weekly paychecks of employees for lunch breaks which the employees either did not take at all or took in part.
- Also employees are sometimes asked to work before or after they had already clocked out for the day.
- Sometimes employees require participation on committees or other projects. If this participation is mandatory or if said voluntary participation benefits the employer, the employer may be required to pay that time as wages.
Both of these practices are "off-the-clock" claims and should either be paid at the employee’s regular rate or at time and one half if adding this time pushes the employee’s hours worked in the workweek at issue over 40 which means that such employees are entitled to a premium of time and one-half for overtime hours.
2. What are the deadlines?
You must file a claim within two years of the date you should have been paid to recover or within three years for willful violations. Every day you wait could be a reduction of your claim by one day’s damages. ACT QUICKLY. Contact us immediately if you think you may have a claim so we can help you determine whether you do or not.
3. Can I consent to work "off-the-clock" for free?
No. If you actually worked and your employer permitted it, then the law says you should be paid. You cannot waive or release your rights under the FLSA without the Court’s approval or the Department of Labor’s approval.
4. What if I don’t know exactly when I missed a lunch or worked "off-the-clock"? Do I need records?
No. We can work to help you prove those damages with the employer’s records or your best good faith estimate.
5. What is the FLSA?
Employees are due overtime pay for working more than 40 hours per week in most situations. The federal law that requires this is the Fair Labor Standards Act (FLSA), which begins at 29 U.S.C. §201. Overtime generally means earning additional pay for time beyond a statutory minimum. Under the FLSA, this means over 40 hours in one workweek. The FLSA requires employers to pay minimum wage and overtime. Employers must follow the Act unless an exemption applies. Most nurses and other hourly healthcare employees are not exempt from the FLSA. This means that the employer must pay them for all time they actually work. For further information on the FLSA, see www.overtimepaylaw.us.
6. What general types of damages are available?
There are several types of damages available. Plaintiffs in an FLSA action generally ask for time and a half for all overtime hours worked by each employee, as well as payment for all "off the clock" hours actually worked, either at their regular rate or an overtime rate if applicable. Plaintiffs can also be awarded their attorney’s fees. For willful violations of the statute employees can receive up to 2 times their base damages as "liquidated" or punishment damages.
7. How do I know if I have a claim?
You can contact us at 901.683.1850, to see if you have a claim. Each case is unique. To know if you have a claim, we need to interview you to completely understand your situation. There is no charge or obligation if you contact us. We will keep any information you provide strictly confidential. You may be eligible to join a current lawsuit, depending on where you have worked over the last several years or bring your own.
8. Can an employer punish me for consenting to join this lawsuit?
No. The law prevents your employer from taking any action against you for filing, joining a lawsuit, or just making a claim. If your employer takes any action against you, the penalties can be severe: You are entitled to either reinstatement back to your job, or the pay differential at a new job, double damages, and attorneys’ fees. Should you feel you have suffered from any retaliation, contact us or another attorney at once.
9. Will there be any cost to me?
No. There is generally no cost to retain us. We take most FLSA cases on a contingency fee basis. There is no cost to consult with us to see if you have a claim. If the court determines you are entitled to recovery, attorneys’ fees and costs will be paid either by your employer or will be awarded by the Court from the fund your employer creates to pay the unpaid overtime. If the case is not successful, you owe no fees or expenses. Therefore, there is no financial risk to you.
10. How much will I get if my claim is won or settled?
It is impossible to predict at this point. It would take a detailed calculation based on the facts of your case to determine how much you would be owed. Remember, you will not be represented and you will not be entitled to any money until you pursue a claim. You must take that step to get any recovery. The passage of time will reduce your recovery so do not wait if you think you may have a claim.
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