FLSA OVERTIME AND WAGE CLAIMS
The Fair Labor Standards Act (“FLSA”) is a set of federal statutes that govern a qualifying employer’s obligations to its employees relative to wage and overtime payments. Unless exempt, an employer must pay its employees overtime for hours worked over 40 in a given workweek. Although this seems like a simple and straightforward concept; in practice, an employer’s obligations can be less than clear. A question may even arise as to whether a worker is an independent contractor, or an employee covered by the FLSA. Courts have developed a fact-sensitive set of factors known as the “economic realities” test to determine with a worker is an independent contractor or an employee. Additionally, Louisiana state laws also provide remedies for employees who have been unjustly deprived of earned wages by their employers.
The attorneys of HMS have the unique perspective of representing both employers and employees in these wage and overtime disputes. Our attorneys have represented both employers and employees in state and federal courts when these disputes arise, as well as participating in arbitration proceedings.