Aaron J. Turner, Esquire

Fair Labor Standards Act

Employer Defense

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (“FLSA”) is a federal law governing minimum wage and overtime pay. An employee covered by the FLSA is entitled to be paid at least the federal minimum wage and time and one-half his or her regular rate of pay for all hours worked over 40 hours in a workweek.

Are My Employees Exempt?

The FLSA includes numerous exemptions, including exemptions for executive, administrative, professional, outside sales, and computer employees. Generally, an employee must meet the salary level, salary basis, and job duties tests in order to qualify for an exemption. If the exemption requirements are met, the employer is not obligated to pay overtime.

The Burden of the FLSA

An employee’s undemanding burden of proof, the likelihood of liquidated (double), and the attorney’s fee shifting provision create a burdensome framework for employers in FLSA cases. Thus, FLSA litigation may have substantial consequences for an employer. It is imperative that an employer assess an FLSA claim early in litigation to minimize damages.

How Can We Help?

At Levin & Gann, P.A., we develop practical legal strategies. Each case is assessed from a business perspective with a cost-effective approach, while ensuring our clients’ interests are protected. Depending on our clients’ wishes, we promptly attempt to settle cases or aggressively defend them by, among other strategies, seeking dismissal of frivolous claims.