FLSA Defense

The Fair Labor Standard Act (“FLSA”) is an important body of legislation enacted by the United States government to protect employee rights and ensure workers are treated fairly. The primary claims regarding improper wages and overtime pay are handled by this Act, as well as those pertaining to exemption status. The Act contains provisions for holding managers, directors, or officers personally accountable for any violations found to have occurred on their watch—ensuring that employees who make such claims will receive justice even if they are not able to prove a direct action against them. The FLSA is essential in making sure the workplace remains a safe and equitable environment for all employees.

Dismissing employees is never simple, and there are certain situations where it may be the only choice. It is a difficult decision, particularly if it involves a long-serving and senior member of the team, and can result in complications if the proper procedures are not followed or if the termination is perceived as retaliatory.

There is a common misconception among employers that an agreement between the employer and employee on compensation, such as salary, is sufficient protection against FLSA claims. However, this is not the case. Even if the employee agrees to a salary, the employer must prove that the employee is exempt to avoid FLSA liability for improper wage compensation.

FLSA claims can be costly, as employers may be liable for damages and attorney fees, which can be significant in FLSA cases. Therefore, employers in Florida need to comply with the FLSA regulations and seek legal advice to prevent potential liability.

What are FLSA claims?

FLSA claims are legal actions initiated by employees for unpaid wages. These claims often arise from the misclassification of an employee as exempt or non-exempt or a failure to provide minimum wage and overtime pay as mandated by state and federal laws. Such claims may be filed not only against the company but also personally against the manager or owners of the organization. Due to the severity of these claims, it is crucial to carefully examine the facts and circumstances surrounding each employee and the company’s policies during their employment. Some examples of common FLSA claims are:

What are retaliatory discharge claims?

Retaliatory discharge claims are legal actions initiated by employees who have been wrongfully terminated for reporting an employer’s failure to pay wages or overtime or for violation of local, state, or federal labor laws. Each case is unique, and a thorough investigation of the complaint’s circumstances is necessary to build a strong defense. These claims are serious and can have severe consequences for employers, including damages, penalties, and legal fees. Therefore, businesses must implement policies and procedures to prevent retaliation against employees who raise legitimate concerns or complaints.

Florida businesses may face retaliatory discharge claims in the following instances:

• An employee is terminated shortly after reporting discrimination or harassment in the workplace
• An employee is terminated after reporting safety violations or hazardous working conditions
• An employee is terminated after whistleblowing or reporting illegal activity by the company
• An employee is terminated after filing a workers’ compensation claim or taking a medical leave of absence
• An employee is terminated after joining a union or engaging in protected union activities
• An employee is terminated after refusing to engage in illegal activities on behalf of the employer
• An employee is terminated after requesting accommodations for a disability or religious belief

In each of these situations, the employee may claim that their termination was retaliatory and file a lawsuit against the employer.

Defending Against FLSA and Retaliatory Discharge Claims

To effectively defend against FLSA and retaliatory discharge claims, it is crucial to work with an attorney with experience in complex business and employment legal matters and litigation and a strong financial background. At TCLG, our team has the necessary expertise to defend companies facing these types of claims.

We are located in the Miami area but accept cases from all over the state of Florida. If you are a Florida-based employer grappling with an FLSA or retaliatory discharge claim, we can provide you with the experienced representation you need. If you have an FLSA or retaliatory discharge case, reach out to see how we can assist you and your business: