FLSA Wage & Hour Claims in Federal Court

Federal claims for unpaid wages, overtime violations, and misclassification

Federal Employment & Labor

<h2>Fair Labor Standards Act</h2><p>The FLSA establishes federal minimum wage, overtime pay requirements, recordkeeping standards, and child labor protections. Unlike most employment statutes, FLSA claims can be filed directly in federal court without exhausting administrative remedies.</p><h2>Common FLSA Claims</h2><ul><li><strong>Unpaid overtime:</strong> Failure to pay time-and-a-half for hours worked over 40 per week</li><li><strong>Minimum wage violations:</strong> Paying below the federal minimum wage ($7.25/hour)</li><li><strong>Misclassification:</strong> Incorrectly classifying employees as exempt from overtime or as independent contractors</li><li><strong>Off-the-clock work:</strong> Requiring work before/after shifts or during breaks without compensation</li><li><strong>Tip credit violations:</strong> Improperly applying tip credits or requiring illegal tip pools</li></ul><h2>Collective Actions</h2><p>FLSA claims can be brought as collective actions under 29 U.S.C. § 216(b), allowing similarly situated employees to opt in to the lawsuit. This differs from Rule 23 class actions and requires a two-step certification process.</p>

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