The FLSA (Fair Labor Standards Act) requires an employer to:

1. Pay employees at least minimum wage for all hours worked, and
2. Pay an overtime premium of time-and-a-half for all hours worked in excess of 40 in a week.

This applies only if the employee is not exempt from the FLSA. Please refer to our terms and FAQ page for information on exemptions. It is not uncommon for employers to misclassify employees as exempt (intentionally or unintentionally), which allows them to deprive workers of owed wages and overtime payments.

If an employer violates the FLSA by failing to keep accurate time records or failing to properly compensate for overtime, the employee is eligible to be awarded double (“liquidated”) damages plus attorney’s fees and costs.