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FLSA Violations

Dedicated Workers’ Compensation Attorneys in San Antonio

With more than 10 years of experience, The Law Office of George P. Escobedo & Associates, PLLC has guided hundreds of clients to successful settlements. Our San Antonio workers’ compensation lawyers are passionate about meeting clients’ needs. If your employer has violated the regulations of the FLSA, we can investigate the incident, build your case, and aggressively uphold your rights in court. Call us at (210) 807-3178 to schedule a free initial consultation.

What You Need to Know About FLSA Regulations

The Fair Labor Standards Act (FLSA) sets forth regulations on minimum wage limits, recordkeeping, youth employment, and overtime pay. All businesses in the United States must comply with FLSA laws, and a violation could make your employer subject to investigation. If your employer or company refuses to pay you overtime or breaks other FLSA regulations, our San Antonio workers’ compensation lawyers at The Law Office of George P. Escobedo & Associates, PLLC can help you file a complaint to seek justice.

FLSA regulations regarding overtime pay consider various factors:

  • “Off the clock” work time
  • General work time
  • Mealtime
  • Travel time
  • Training time
  • Sleep time

According to FLSA guidelines, “off the clock” work includes coming in early to complete work activities, as well as pre-shift roll calls and equipment set up. Work time, in general, involves all times when an employee is performing work activities. It also covers break times and “nonproductive” work, which includes waiting for phones to ring and other instances of being on the clock without actually completing work activities.

Meal times do not count as work time. This is true if the break is longer than 30 minutes and allows the employee to take a rest from work activities. If an employee is required to eat at a desk, monitor a machine during lunch, or otherwise work through the meal time, this will count as work time.

Regarding travel time, the FLSA says that commute to and from work does not count as work time, unless you complete work activities, like writing a report, during the commute. However, travel time during the normal hours of operation do count as work time. Thus, if you arrive at your facility in the morning and then go meet a supplier, the travel time is included in your normal work hours.

FLSA Regulations Concerning Training & Sleep Time

According to the FLSA, training time almost always counts as work time. However, training that takes place outside normal shift hours or is truly voluntary may not count. Employees who work 24-hour shifts must have a “sleep time exclusion” of 8 hours. If they perform work activities during those 8 hours, the time they spend at work will count as paid work time.

What You Can Do If Your Employer Violates FLSA Standards

FLSA regulations are designed to benefit employees and protect them from unfair business practices. If your employer fails to pay you the amount you deserve for your work time, you can file a confidential complaint. The FLSA will then conduct an investigation to determine whether or not your employer violated the standards.

The FLSA overtime rate is 1 ½ times the employee’s regular rate of pay. This rate applies to both hourly exempt workers and salaried nonexempt workers receiving overtime. If you have not been compensated for overtime or have not received the wages you are due, you can pursue compensation. Once you file the claim, the United States Department of Labor will set in motion a course of action.

Depending on the situation, your employer may be liable for:

  • Liquidated damages
  • Back pay
  • Unpaid minimum wages
  • Unpaid overtime compensation
  • Civil money penalties

In addition, employers who willingly violate FLSA standards may face criminal penalties. These include fines and imprisonment. If your employer intentionally breaks FLSA laws, the Department of Labor will file criminal charges in the U.S. District Court on your behalf.

Call Our Experienced Workers’ Compensation Lawyers in San Antonio Today

If your employer has violated FLSA regulations, you are entitled to compensation. At The Law Office of George P. Escobedo & Associates, PLLC, we can provide knowledgeable legal assistance as you seek the overtime pay and wages you deserve. Our firm is dedicated to upholding clients’ rights in court, and we can walk you through the legal process.

Contact us today for passionate representation. We offer free initial consultations for your convenience.