Alabama Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.


A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.


Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.


The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.

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  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act
  • Preview Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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FAQ

Alabama does not have its own overtime laws, so the state follows the federal Fair Labor and Standards Act (FLSA), which requires employers pay employees "premium pay" for hours worked in excess of 40 hours per week. "Premium pay" is defined in Alabama as at least 1.5 times an employee's normal rate of pay.

Hours worked in excess of 40 hours in any calendar week shall be compensated at the rate of one and one-half times his regular rate of pay up to a maximum of eight hours per week; however, compensatory time at the rate of one and one-half times regular time may be paid for overtime worked.

Under the FLSA, overtime pay is determined by multiplying the employee's ?straight time rate of pay? by all overtime hours worked PLUS one-half of the employee's ?hourly regular rate of pay? times all overtime hours worked.

The Fair Labor Standards Act (FLSA) stipulates that employees who work over 40 hours a week are entitled to receive an overtime pay of one and a half (1.5) times the regular rate of pay. Overtime compensation is computed on a workweek basis and employers must pay overtime work on the regular payday.

Description. Compensatory time off is. Time off with pay in lieu of overtime pay for irregular or occasional overtime work, or. When permitted under agency flexible work schedule programs, time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work.

All comp time has to be paid at least at 1.5 times your regular rate of pay in California. If the hour of work was entitled to a higher rate, like double time, you are entitled to that amount in comp time. You can cash out your comp time, but at your regular rate of pay.

What is the new Alabama overtime law? The new Alabama overtime law exempts weekly hours worked over 40 from Alabama's income tax. So, if you work 45 hours in one week, you will only pay the 5% state income tax on 40 hours.

Employees may carry a balance of up to 240 hours of Comp Time per FLSA guidelines. Departments may set a lower limit, but not one that is higher than the amount allowed by law.

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Alabama Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act