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.
Maryland Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act In Maryland, employees who believe they have been denied proper payment for overtime worked can file a complaint in state court to recover their overtime compensation or wages. This legal recourse is available under Section 16(b) of the Fair Labor Standards Act (FLEA). The FLEA is a federal law that establishes minimum wage, overtime pay, and other labor regulations, protecting the rights of employees throughout the United States. Under Section 16(b) of the FLEA, employees in Maryland can seek to recover unpaid overtime compensation or wages through a lawsuit filed in state court. This specific section allows individuals to pursue a private cause of action against their employers for FLEA violations, including the failure to properly compensate for overtime hours worked. There are several types of Maryland complaints that may be filed in state court to recover overtime compensation or wages under Section 16(b) of the FLEA. These can include: 1. Individual Complaints: Individuals who believe they have been denied proper overtime compensation can file a complaint against their employers. They can seek to recover the unpaid wages, as well as liquidated damages, which are equal to the amount of unpaid overtime, and attorney's fees. 2. Collective Actions: In some cases, multiple employees who have suffered the same FLEA violation can join together in a collective action complaint. This allows them to consolidate their claims against the employer and seek recovery of unpaid overtime compensation or wages as a group. 3. Class Actions: If the FLEA violation has affected a larger group of employees, a class action complaint may be filed. This type of lawsuit represents a class of similarly situated employees seeking recovery of unpaid overtime compensation or wages, along with potential additional damages and attorney's fees. When filing a Maryland complaint to recover overtime compensation or wages in state court under Section 16(b) of the FLEA, it is crucial to consider the specific requirements and rules of the court system. This may involve providing detailed evidence of the overtime hours worked and establishing that the employer failed to properly compensate the employee as required by the FLEA. It is important for employees to consult with an experienced employment law attorney who specializes in FLEA cases to navigate the complexities and procedures involved in filing such complaints. An attorney can help evaluate the merits of the case, guide employees through the legal process, and ensure their rights are protected. In conclusion, Maryland employees have the option to file a complaint in state court under Section 16(b) of the FLEA to recover overtime compensation or wages. Whether filing an individual complaint, a collective action, or a class action, employees may seek to recover unpaid wages, liquidated damages, and attorney's fees, depending on the circumstances of their case. It is essential to consult with a knowledgeable attorney to understand the specific regulations and procedures applicable in Maryland state court.
