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Employee Remedies under the Fair Labor Standards Act

The Fair Labor Standards Act of 1938 (FLSA) provides a number of protections, including a minimum wage and guaranteed premium overtime pay, to many American workers. Employees who believe that their employers have violated their rights under the FLSA are entitled to seek relief.

Filing a Complaint

The Wage and Hour Division of the Department of Labor (WHD) administers the complaint procedure under the FLSA. If an employee believes that his or her employer has not paid proper minimum wages or has deprived him or her of overtime pay, the employee may file a complaint with the nearest district office of the WHD. The employee may file the complaint by mail or in person. The complaint must include the following:

• Employee's name, address and telephone number
• Job title and type of work done;
• Hourly pay rate, frequency of pay, and whether employee is paid a salary or by the hour;
• Number of hours worked each week;
• Description and date of the alleged violation or violations; and
• Employer's name, address, telephone number, and type of business.

WHD Investigation

After an employee files a complaint, the WHD investigates to determine whether the FLSA covers the employee and whether an FLSA violation has occurred. If the WHD finds that a violation has likely occurred, it will attempt to reach an agreement with the employer to provide a remedy to the employee. If the WHD fails to conduct an investigation or if the WHD fails to secure a remedy for the employee, the employee may file a private civil action in federal court against the employer. An employee may also seek damages from the employer through a private action if the employer retaliates against the employee for filing a FLSA complaint with the WHD.

Private Civil Action

An employee has two years from the date of an alleged violation within which he or she may file a private civil action in state or federal court against the employer. In the case of a willful violation, the limitations period is extended to three years. If an employee prevails in a private action under the FLSA, he or she may obtain:

• Back wages,
• Attorney fees,
• Reinstatement,
• Employment, and
• Liquidated damages.

Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.