CALL NOW - (786) 650-0202

News & Blog

What Is FLSA?

News & Blog

FLSA is a set of laws that lay out the protections awarded to laborers or employees by the federal government. These are standards established by law that determine how an employee must be treated and paid adequately and in compliance with the law. These standards are the rules that employers must follow and are put together in the best interest of the people along with business. The United States Department of Labor, defines the Fair Labor Standards Act (FLSA) as an act that “establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments.” In recent years, amendments have been made to the legislation to include provisions for equal pay and protections for nursing mothers. As mentioned above, these aren’t one sided laws but a standard of rules that not only grants protections for employees but also allows certain exceptions and defines the parameters of defining the differences between employees, 1099’s, commission based workers and so on. The law, like many laws is complex and requires the help of a labor and employment lawyer to completely grasp and understand. If you have any questions regarding your rights under the FLSA, you should speak with a Miami employment lawyer as soon as possible. Our team of Miami employment lawyers at PereGonza The Attorneys can guide you and help to explain your rights and any options you may have available.

How Can I File A Claim? Do I Need An Employment Lawyer?

Claims using the FLSA as its backing and support typically arise from an employer not abiding by the standards outlined in the statute. Some of these violations can include an employer not paying their employees the minimum wage level and not paying the appropriate rate for overtime or in some cases, not paying overtime at all.

When this happens, employees often times have the right to file a Claim to argue the fact that their rights were violated. Before filing a Claim it is recommended to speak with a Miami employment lawyer in order to fully understand your options. Many times, employees are fearful that their employer may fire them or seek retribution against them but the truth is that if this actually happens, in many cases, such actions may possibly make it much worst for an employer. Employee’s may then have the right to bring forth an additional portion of a claim if they believe they were retaliated against by their employer. Again, the best thing for any employee who may believe they are in a situation like this is to immediately speak with a Miami employment lawyer to figure out what their options are and establish if they have an option to file a claim with the FLSA and/or a retaliation claim as well. As a matter of fact, in retaliation cases and in FLSA claims in general, many times, an employee can ask to be awarded lost wages and damages along with other forms of compensation. Our team of Miami employment lawyers offer a free consultation and are ready to help you understand your rights in the best way we can.

Do not do this on your own, always speak to a Miami employment lawyer and understand your rights before ignoring a problem or moving forward the wrong way. Many law firms like PereGonza The Attorneys offer free consultations and in some cases, these claims are taken on a contingency fee bases, which means that the attorneys do not get paid unless you win the case. Additionally the FLSA offers certain protections that may cause the employer to pay for the employees employment lawyer when the employer violates their rights.

Should I File My Claim Today?

An employment claim in Miami should always be filed with the direction of a professional Miami employment lawyer. FLSA allegations can prove to be a bit tricky as they contain details that could be easily overlooked and can potentially be detrimental to an employee’s case. For instance, exemptions that set forth regulations concerning sick pay and hour limitations exist in the statute that not many people are conscious of. This is why it is always recommended that you first see a Miami employment lawyer as soon as you suspect you may be a victim. Theres also a limitation in time, this is called the statute of limitations, which is essentially a codified time period in which a legal dispute can be brought forth and applies to these kinds of claims. All these potential limitations can reside in a very gray area when it comes to their start and end time which are things that can work as beneficial arguments but they are only arguments. The best thing for anyone to do is to speak with a Miami employment lawyer as soon as they possibly can. With the help of a knowledgable Miami employment lawyer, an employee can have a clear path to understanding the FLSA and the rights allocated to each individual. An Miami employment lawyer can make it much easier to understand rights along with giving victims a better understanding of what Claims they may potentially be able to put forth.

If you believe you may have a claim under the Fair Labor Standards Act, we are here to help any way we can, you can call Peregonza The Attorneys at (786) 650-0202 or fill out our intake form so that we can help you acquire the compensation you deserve. The consultation for these type of cases are FREE and in many cases we do not charge anything if we do not win the case.