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.
Title: Understanding the Indiana Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act Introduction: In Indiana, an employee who believes they have been denied fair overtime compensation or wages can file a complaint in state court under Section 16(b) of the Fair Labor Standards Act (FLEA). This provision allows employees to seek legal remedies for unpaid overtime wages or compensation violations. This article will explore the various types of Indiana complaints that can be filed to recover overtime compensation or wages in state court under Section 16(b) of the FLEA. 1. Filing a Complaint for Unpaid Overtime Compensation in Indiana: Employees who have been denied overtime compensation in violation of the FLEA can file a complaint in Indiana state court. This complaint seeks to recover the unpaid overtime wages owed to the employee. Any employee who has worked more than 40 hours in a workweek and qualifies for overtime pay but did not receive it can bring this type of complaint. 2. Filing a Complaint for Unpaid Wages in Indiana: In addition to overtime compensation, employees may also file a complaint to recover unpaid wages. Suppose an employer fails to pay an employee their regular wages promptly or withholds wages unlawfully. In that case, the employee can file a complaint under Section 16(b) of the FLEA in Indiana state court to seek the recovery of these unpaid wages. 3. Collective Action Complaints: Under Section 16(b) of the FLEA, multiple employees who have faced similar overtime or wage violations from the same employer can join forces to file a collective action complaint. This allows employees with similar grievances to band together and seek remedies for the violations collectively. Collective action complaints can be filed for both unpaid overtime compensation and unpaid wages in Indiana state court. 4. Seeking Damages and Remedies: When filing a complaint to recover overtime compensation or wages under Section 16(b) of the FLEA in Indiana state court, employees can request various damages and remedies. These may include the recovery of unpaid wages or overtime compensation, liquidated damages (an additional amount equal to the unpaid wages), attorney fees, and court costs. These remedies aim to compensate the affected employees fully for the violations they have endured. Conclusion: Employees in Indiana have the right to seek legal recourse through state court under Section 16(b) of the Fair Labor Standards Act for unpaid overtime compensation or wages. By filing a complaint, employees can fight against unfair wage practices and violations while seeking to recover the wages they are legally entitled to receive. It is crucial for employees to understand their rights and consult with legal professionals to ensure their complaints are properly filed and represent their best interests.
