The federal Fair Labor Standards Act (FLSA) requires employers to pay employees a minimum wage plus time and a half for all hours exceeding 40 per workweek. While adhering to this law seems simple enough, the statutes and regulations are vague, complicated and cumbersome. For these reasons, the FLSA is considered the law that employers are most likely to violate unintentionally. To avoid violations, employers should regularly monitor and evaluate their pay practices, method of payment, employee hours, exemption status of salaried-exempt employees, and the process by which they calculate and compensate employees for overtime.
It is indisputable that the obligation to maintain proper time and pay records is critical. This requirement, coupled with the burden on employers to prove proper classification and pay, has resulted in an explosion of overtime cases over the last several years. SCHWARTZ ROLLINS understands this trend having successfully defended many Fair Labor Standards collective and individual lawsuits across a number of industries. To help clients mitigate their risk resulting from this trend, SCHWARTZ ROLLINS assists employers in conducting audits of wage and hour procedures, as well as general personnel compliance.