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.
Nebraska Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act When an employee in Nebraska believes they have been wrongfully denied overtime compensation or wages as defined by the Fair Labor Standards Act (FLEA), they have the option to file a complaint in state court under Section 16(b) of the FLEA. This legal remedy ensures that individuals are adequately compensated for their extra work hours and helps to protect their rights as employees. The Nebraska Complaint to Recover Overtime Compensation or Wages in State Court allows the aggrieved employee to seek restitution for any unpaid overtime wages, as well as any other damages resulting from the employer's violation of the FLEA. Section 16(b) enforces the FLEA's provisions regarding minimum wage, overtime pay, record-keeping, and classification of employees as exempt or non-exempt. Under this Section, there are different types of complaints that an employee can file, depending on the violation they experienced. Some of these include: 1. Unpaid Overtime Compensation: If an employee has been working more than the standard 40 hours per week but has not received the required overtime pay, they can file a complaint seeking compensation for the unpaid overtime hours. 2. Misclassification of Employees: Employers sometimes misclassify their employees as exempt from overtime pay when they are actually non-exempt. This misclassification denies employees their rightful overtime compensation. In such cases, employees can file a complaint to recover the unpaid overtime wages owed to them. 3. Unlawful Deductions: Employers may make unlawful deductions from an employee's wages, such as taking a percentage of tips or making unauthorized payroll deductions. If an employee has faced such deductions that violate the FLEA, they can file a complaint seeking reimbursement for the wrongfully withheld wages. 4. Failure to Pay Minimum Wage: The FLEA establishes a federal minimum wage that all covered employees must receive. If an employer fails to pay the minimum wage, an employee can file a complaint to recover the difference between what they were paid and the legally required minimum wage. To file a complaint under Section 16(b) of the FLEA, the aggrieved employee should consult with an experienced employment attorney who is well-versed in wage and hour laws. The attorney will guide them through the legal process, ensuring that all necessary documents, evidence, and timelines are followed correctly. The attorney will also represent the employee in court, advocating for their rights and seeking the maximum compensation allowed by law. It is important for Nebraska employees to assert their rights and seek legal remedies if they believe they have not been adequately compensated for their work. The Nebraska Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of the Fair Labor Standards Act provides a recourse for employees to regain their rightfully earned wages and promotes fair employment practices in the state.
