The Fair Labor Standards Act (FLSA) exempts employers from paying minimum wage and overtime pay for several categories of workers: executive, administrative, professional, outside sales and certain computer positions. A base salary requirement must be met and the duties of a position scrutinized against various Department of Labor tests.
With regard to wage-and-hour issues, employers that violate the FLSA can face expensive, damaging lawsuits. The claims of numerous, similarly-affected employees may even result in class action litigation. Some of the issues that can lead to liability may involve:
- Misclassification of employees as hourly workers, salaried employees or independent contractors
- Failure to pay overtime
- Denial of proper rest and meal breaks for employees
For a business that has been accused of a FLSA violation, it is imperative to speak with an experienced employment attorney about a defense strategy.
Serving Small And Medium-Sized Companies
For a closely-held business or a company that has expanded rapidly, FLSA compliance may not have been a consideration. The business focus might well have been on completing orders to stay ahead of the curve.
The employment defense lawyers of Mills Shirley LLP based in Galveston and Houston, Texas, represent smaller employers facing the challenges of wage-and-hour litigation. Our firm, the oldest in the state, has extensive experience in employment and insurance defense.
Skilled Outside Counsel
A company may not yet be large enough to hire inside legal counsel or dedicated HR professionals. Partnering with an experienced employment law attorney is the best way to limit damage caused by a complaint. It is also the way to ensure problems do not continue.
For advice regarding wage-and-hour claims, pay disputes and other critical employment matters, contact the attorneys at Mills Shirley.