Wisconsin 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

If the employer refuses to pay wages earned on the regular established payday, the employee should request payment. If the employee doesn't receive the payment after 6 days, the employee may file a claim with the division. Once a claim is filed, the division will seek to resolve the matter with the employer.

Phone: 608-243-2424 fax: 608-243-2433 e-mail: werc@werc.state.wi.us. Chapter 111, Wis. Stats. The rules of the Commission provide that complaints alleging unfair labor practices or prohibited practices may be filed by any party in interest and require that they must be in writing.

To pursue your own claim for unpaid wages, you should file a wage claim with the Labor Commissioner's Wage Claim Adjudication Unit, in addition to filing a BOFE report. A notice of your wage claim will be sent to your employer.

The state overtime law applies to most Wisconsin employers. Unless an exception applies, overtime wages - time and one-half the employee's regular rate of pay - must be paid for all hours worked in excess of 40 in the workweek.

Persons filing a claim for wages must do so on a form furnished by the department's Equal Rights Division. There is a 2-year statute of limitations on the collection of wage claims.

Phone: 608-243-2424 fax: 608-243-2433 e-mail: werc@werc.state.wi.us. Chapter 111, Wis. Stats. The rules of the Commission provide that complaints alleging unfair labor practices or prohibited practices may be filed by any party in interest and require that they must be in writing.

Can an employer withhold part of a final paycheck? Wisconsin law says that deductions to wages ? including the final paycheck ? cannot be made for defective workmanship, lost or stolen property, or damage to property, unless: The employee has expressly authorized the deduction in writing, or.

If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. The Department also has mechanisms in place for the recovery of back wages.

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