FLSA Claims, Overtime and Minimum Wage Claims

FLSA claims, that an employer didn't correctly pay overtime or minimum wages to an employee, are everywhere. Claims are frequently brought under the Fair Labor Standards Act (FLSA); though they can also be brought under certain state laws as well. Lawsuits under the FLSA may allege that an employee was forced to work off the clock, that a tipped employee performed non-tipped duties while getting paid at the tip credit rate, or that a salaried employee should have been paid on an hourly basis with overtime pay.

While the amount of pay at issue may be small, FLSA litigation can be quite costly because the law frequently doubles the damages and if the employee is successful, then the employer defending the FLSA claim usually has to pay for the employee's attorney's fees.

Making sure your employees are properly paid may seem simple and straightforward. However, if an FLSA suit comes your way, you may have to prove how much an employee worked and how much you paid that employee for the past three years on a week-by-week basis. If there is an FLSA dispute about the amount of time worked or the amount of money, then you'll need to use records of computer log-in/log-out records, key card access records, phone records, and other records to reconstruct the employee's workdays.

Some firms rely on FLSA attorneys and paralegals to compile these records, however, using data to reconstruct daily activity is the type of activity that computers are made for. jet.law makes use of modern tools to make sure the employee records are compiled efficiently and accurately.