Alex Which of the following does the Fair Labor Standards Act not required?
While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate. For example, the FLSA does not require: vacation, holiday, severance, or sick pay; pay raises or fringe benefits; or.
Can a lawyer affiliate with a FLSA case?
The FLSA is not “rocket science,” but it is also not part of most “regular” lawyers’ day to day practices. As a consequence, many employees will seek out attorneys with substantial FLSA experience, or local attorneys will “affiliate” with FLSA lawyers on particular cases (usually at no additional cost to the employee).
What happens if you violate the Fair Labor Standards Act?
Employers may also be subject criminal prosecution and fines up to $10,000 or $1,000 per violation depending on the willfulness of the violation. For non-exempt employees, the Fair Labor Standards Act sets minimum wage rates and overtime requirements. Currently, the standard federal minimum wage is $7.25 per hour.
Can a employer claim failure to ask in a FLSA case?
“Failure to ask” is not a defense for an employer in an FLSA case. Failure to ask might conceivably be relevant on the question of whether an employer knew or had reason to believe that an employee was performing off duty work, but even in this situation failure to ask would be only one factor on the question.
What happens if you are found in violation of the WHD?
If violations are found, the WHD recommends changes to bring the employer into compliance. There are also legal remedies for violations that allows the DOL or an employee to recover back wages for overtime or minimum wage violations plus an equal amount of liquidated damages.
Is it a violation of FLSA to fire an employee?
It is a violation of the FLSA to fire, or in any other manner, discriminate against an employee for filing a complaint or for participating in a legal proceeding under this law. Investigations. The Wage and Hour Division conducts investigations for a number of reasons. Many investigations are initiated by complaints.
The FLSA is not “rocket science,” but it is also not part of most “regular” lawyers’ day to day practices. As a consequence, many employees will seek out attorneys with substantial FLSA experience, or local attorneys will “affiliate” with FLSA lawyers on particular cases (usually at no additional cost to the employee).
Willful violations of the FLSA may result in criminal prosecution and the violator fined up to $10,000. A second conviction may result in imprisonment. A second conviction may result in imprisonment.
“Failure to ask” is not a defense for an employer in an FLSA case. Failure to ask might conceivably be relevant on the question of whether an employer knew or had reason to believe that an employee was performing off duty work, but even in this situation failure to ask would be only one factor on the question.