Remedies Under The Fair Labor Standards Act In Florida: Positioning Yourself For Success

What Are Potential Remedies Under The Fair Labor Standards Act In Florida?

Employees can receive remedies if they are:

• Improperly classified.
• Not paid for time worked.
• Improperly paid overtime.

Courts may also award liquidated damages equal to what the employee otherwise should have been compensated, as well as attorney’s fees and costs payable to the employee’s attorney, who assists them with the resolution of a claim.

Can An Employee File A Fair Labor Standards Act Employment Claim Anonymously?

Although an employee can anonymously report a Fair Labor Standards Act violation to the Department of Labor, they prefer to have the employee’s active participation. Enjoying the remedies under the Fair Labor Standards Act in Florida requires the Department of Labor to investigate an employer based on information provided by an employee. Once a case moves to actual litigation, courts usually require that the employee identify themselves in the court record, barring some exceptional circumstance.

Can An Employee Be Retaliated Against For Filing A Fair Labor Standards Act Employment Claim?

Employees should not be retaliated against for filing a Fair Labor Standards Act claim. However, if they are, remedies include:

• Back pay if discharged as a result of the complaint.
• Potential reinstatement.
• Non-economic damages, determined by the judge and jury.

Under What Circumstances Can An Employer Settle A Fair Labor Standards Act Employment Claim Without Going To Court?

Employers may resolve Fair Labor Standards Act cases without going to court. However, employers usually prefer the court to approve any resolution of a Fair Labor Standard Act claim. This is because without the supervision of either the Department of Labor or the court, the resolution is not binding, and the employer could be subject to additional liability claims further down the road.

What Exceptions Are There Regarding The Type Of Employee Who Can File A Fair Labor Standards Act Employment Claim?

Many employees, particularly those paid hourly, are covered by the Fair Labor Standards Act and are qualified to bring a claim. Those who cannot are those who the Act does not cover, including executively and administratively exempt employees, as well as highly compensated employees, outside salespeople, and certain types of computer workers.

Can Employees Classified As Independent Contractors Pursue A Fair Labor Standards Act Employment Claim?

Employees who are genuinely bona fide independent contractors, as demonstrated by the tests imposed by the law, are not entitled to bring Fair Labor Standard Act claims. However, many employment relationships classify workers nominally as independent contractors who technically are not. Employees concerned about whether they are appropriately classified as independent contractors should seek legal guidance and have a lawyer analyze whether the independent contractor status is legally correct.

What Factors Are Considered When Determining Damages In A Fair Labor Standards Act Employment Claim?

The courts calculate the number of hours an employee works and is not compensated. The damages are time and a half for any hours exceeding 40 in any given work week. If an employee is not paid as they should have been, an equal amount of what they would be due in liquidated damages is paid in addition to what the employee would have otherwise earned had they been appropriately paid on time.

Are There Any Alternative Dispute Resolution Methods For Fair Labor Standards Act Employment Claims?

There are many alternative dispute resolution techniques for Fair Labor Standards Act claims. A common one is good faith conciliation prior to litigating. Barring something extraordinary, the court system typically requires the employee and employer to mediate before any judicial resolution of the claim. So, even if an employer and employee can’t agree at the outset of the claim, a mediator or other neutral can often help the parties reach a middle ground everyone can tolerate and the court would likely approve.

For more information on the Remedies Under The Fair Labor Standards Act In FL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.