North Dakota 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

Employers must pay their employees at least monthly on regular paydays the employer chooses in advance. Employers may choose the timing of paying their employees. Employers must provide the following information with an employee's wages: Their rate of pay; Hours worked; Itemized deductions.

Generally, overtime is to be paid at 1-1/2 times the regular rate of pay for hours worked in excess of 40 in a work week (a consistent, consecutive 7-day period defined by the employer, unless the employer is a hospital or residential care establishment which may adopt a 14-day overtime period).

Section 3(m) of the FLSA allows an employer to, under certain circumstances, count as wages ?the reasonable cost ? to the employer of furnishing such employee with board, lodging, or other facilities.? 29 U.S.C. § 203(m).

Wages. All amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.

North Dakota law doesn't require private employers to provide employees with paid or unpaid holiday leave. Private employers in North Dakota don't have to provide paid or unpaid leave for holidays, like almost all states in the U.S.A. Private employers can require all employees to work on holidays.

Work Hours in North Dakota Federal laws have no such limitations, allowing employees aged 16 and older to work as much as they see fit per day or week. Paying Overtime: North Dakota employers must pay employees one and one-half times their regular wage for every hour worked over 40.

The U.S. Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department's Wage and Hour Division.

Other breaks (such as 15 minute ?coffee? breaks) are not required by law, but must be paid breaks if they are offered by the employer. Overtime pay must be paid at one and one-half times the employee's regular rate of pay for hours worked over forty in any work week.

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