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News & Blog

What is FLSA?

FLSA is the protection awarded to laborers by the federal government. These are standards established by law as to how an employee must be treated and paid adequately and in compliance with the law. 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 for nursing mothers. 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 and so on. The law, like many laws is complex and requires the help of a labor and employment professional to understand. If you have any questions regarding your rights under the FLSA, you should speak with a Miami employment attorney as soon as possible. Our team of Miami employment attorneys 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?

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. 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 can 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. The best thing for any employee who may believe they are in a situation like this is to immediately speak with a Miami employment attorney 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.

Do not do this on your own, always speak to a Miami employment attorney 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 attorney 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 attorney. 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. 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 attorney as soon as they possibly can. With the help of a Miami employment attorney, an employee can have a less aggravating time dismantling the FLSA and make it much easier to understand their rights along with have 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, please 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!