Douglas Geyman has been practicing employment law for more than two decades and is featured on the San Diego Bar Association’s list of the best attorneys in his field. Douglas Geyman deals primarily with cases involving wrongful termination, discrimination and harassment in the workplace, and wage and hour claims. The Fair Labor Standards Act (FLSA), otherwise known as the Wage and Hour Law, is so frequently violated that it generates numerous lawsuits. The most common violations include:
1. Improperly classifying employees as exempt from wage and hour laws when the work they do entitles them to protection under those laws.
2. Failing to pay overtime, which includes all hours worked more than 40 in a week. (Some states, including California, have even more stringent requirements.)
3. Failing to provide sufficient lunch and rest breaks according to the law.
4. Failing to reimburse employees for work-related expenses.
Employers who violate the FLSA are liable for up to two years of unpaid back wages and monetary damages as assessed by the court of up to three times the unpaid wages, in addition to other fines for willful violations. This, combined with the cost of defending the suit, can be a particularly onerous burden for small businesses. To avoid wage and hour violation claims, employers should keep accurate payroll and hours-worked records, provide adequate overtime compensation, and err on the side of the employees when in doubt.