How to File an FLSA Claim for Unpaid Wages or Overtime Violations

The Fair Labor Standards Act or FLSA protects employees in the United States from abusive and unfair labor practices with regards to the payment of wages. Part of it covers regulations on overtime pay and requires employees to properly compensate workers with an overtime wage that’s 1.5 times more than their regular rate. When these regulations are violated, employees have the option of filing an FLSA claim to be compensated for unpaid wages.

While it’s certainly possible to navigate an FLSA claim on one’s own, it can get easily complicated without the counsel of a legal professional. Getting an attorney on board at the very start of the process can help you assess the facts of your particular case and work on a plan of action based on your own situation. Employees covered by the FLSA have 2-3 years to file their claims. This timeline starts on the date in which the alleged wage violation was committed. It lasts for 3 years if said violations were willfully committed by an employer, and lasts for 2 years if the violation isn’t found to be a willful act. If the claim is successfully granted by the Wage and Hour Division of the Department of Labor, you might be able to receive compensation that’s double the amount of unpaid wages owed by the employer. If, however, the clam isn’t successful, you still have the option to file a civil suit against your employer.

Of course, many individuals hesitate to go through this process and file an FLSA claim for their back pay due to fear of retaliation. As such, it should be properly emphasized that it would be illegal for your employer to participate in any discriminatory retaliation acts because of your decision to file an FLSA claim. It would be against the law for any employer to terminate a worker or prohibit them from receiving promotions and similar opportunities due to FLSA claims and other complaints.

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