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.
New Hampshire Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act Description: When employees in New Hampshire have not been paid their rightful overtime compensation or wages, they have the option to file a complaint in state court to recover what they are owed. This is done under Section 16(b) of the Fair Labor Standards Act (FLEA), which provides the legal framework for minimum wage and overtime pay. Section 16(b) of FLEA aims to ensure that workers are fairly compensated for their work beyond the standard 40 hours per week. It enables employees to recover unpaid overtime compensation from their employers through court proceedings. In New Hampshire, employees can file a complaint with the state court system to initiate the process. To file a New Hampshire Complaint to Recover Overtime Compensation or Wages, employees need to consult with an attorney experienced in labor and employment law. The attorney will help them navigate the legal process, ensuring their rights are protected and advocating for them throughout the case. The complaint typically involves gathering evidence to support the claim of unpaid wages or overtime compensation. This evidence may include time cards, pay stubs, work logs, or any other relevant documents that can demonstrate the hours worked and the compensation owed. Employees may also need to provide witness statements or testimonies to substantiate their claim. Once the complaint is filed, the case will proceed through the state court system. There may be multiple types of New Hampshire Complaints to Recover Overtime Compensation or Wages in State Court under Section 16(b) of FLEA, namely: 1. Individual Complaint: This type of complaint is filed by an individual employee seeking recovery of their unpaid overtime compensation or wages from their employer. 2. Collective Action Complaint: In certain cases, multiple employees who have similar claims against the same employer may join together in a collective action complaint. This allows them to pool their resources, share evidence, and collectively seek recovery. 3. Class Action Complaint: Similar to a collective action complaint, a class action complaint involves multiple employees with similar claims against the same employer. However, in a class action, the employees are represented by one or more lead plaintiffs who act on behalf of the entire class. It is important for employees in New Hampshire to be aware of their rights regarding overtime compensation and wages. Employers are legally obligated to compensate employees for any hours worked beyond the standard 40 hours per week, unless they qualify for certain exemptions outlined by FLEA. If employees believe they have been unlawfully denied proper payment, they should consult with an attorney specializing in employment law to understand their options and determine the most appropriate course of action. Keywords: New Hampshire, Complaint, Recover, Overtime Compensation, Wages, State Court, Section 16(b), Fair Labor Standards Act, FLEA, minimum wage, employees, employers, court proceedings, attorney, labor and employment law, unpaid wages, evidence, time cards, pay stubs, work logs, witness statements, testimonies, individual complaint, collective action complaint, class action complaint, lead plaintiffs, exemptions, unlawfully denied, employment law.
