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.
Mississippi Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act In Mississippi, employees have the right to file a complaint in state court to recover unpaid overtime compensation or wages under Section 16(b) of the Fair Labor Standards Act (FLEA). This provision allows individuals to seek remedies for violations of federal overtime and wage laws at the state level. When filing a complaint, it is essential to include the following key information: 1. Identification of the Parties: The complaint should clearly state the names and addresses of the plaintiff (the employee seeking overtime or wage compensation) and the defendant (the employer). 2. Jurisdiction: Explain that the lawsuit is being filed in state court, citing the specific court where the complaint is being filed. 3. Venue: Specify the appropriate venue for the case based on the location of the employer's business or the plaintiff's employment. 4. Factual Background: Provide a detailed account of the plaintiff's employment relationship, including the designation of their job title, pay rate, and the nature of their work. Describe the specific tasks and responsibilities performed, along with any overtime hours worked. 5. Alleged Violations: Clearly state the specific FLEA provisions that the employer has allegedly violated, such as misclassification of employees, failure to pay overtime, or minimum wage violations. 6. Calculation of Damages: Calculate the total amount of overtime or wages owed to the plaintiff, highlighting the discrepancies between the amount paid and the employer's legal obligations. Include any additional damages allowed under the FLEA, such as liquidated damages, attorney fees, and costs. 7. Demand for Relief: Clearly state the relief sought, such as unpaid wages, overtime compensation, interest, liquidated damages, attorney fees, and any other relevant remedies available under state law. Types of Mississippi Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of FLEA: 1. Individual Complaints: These are filed by an individual employee against their employer when they believe their rights under the FLEA have been violated regarding overtime or wages. 2. Class Action Complaints: In cases where multiple employees are affected by the same employer's FLEA violations, a class action complaint may be filed on behalf of a group of aggrieved employees. This allows them to collectively seek recovery for unpaid overtime or wages. 3. Collective Action Complaints: Similar to class action complaints, collective action complaints involve multiple employees alleging FLEA violations by an employer. However, these lawsuits require each employee to "opt-in" to participate actively in the case. It is crucial for individuals considering filing a Mississippi complaint to recover overtime compensation or wages in state court under Section 16(b) of FLEA to consult with an experienced employment attorney. They can provide guidance on the specific legal requirements, ensure the complaint properly addresses all relevant details, and assist in seeking appropriate remedies.
