Wage and Hour Law

Fair Labor Standards Act Attorney

The Law Offices of Kevin J. Dolley provides representation to individual employees, groups of employees and employers in wage and hour collective and class action Fair Labor Standards Act (FLSA) cases involving failure to pay overtime, unpaid wages, misclassification of employees, exempt or non-exempt employee disputes, failure to pay for compensable work, donning and doffing, preparation and leaving work and failure to pay minimum wage cases.

Unpaid Overtime and Unpaid Wage Claims

The FLSA was enacted to ensure that employees are properly compensated for the time worked. These provisions include the requirement that hourly employees be paid time and a half compensation for hours worked in excess of 40 hours per work week and properly paid within the pay period during which the overtime was worked.

Overtime disputes often center around whether or not a salary or exempt employee is properly classified or is actually an hourly employee subject to payment for overtime compensation. FLSA liability may be further based upon the failure to properly acknowledge certain worked as compensable work time or by considering employees as off the clock and not working.

Legal Counsel in Cases Involving Uncompensated Work

In some instances, an employer fails to pay any wages based upon a refusal to pay or based upon a lack of claimed financial inability to pay wages. This type of failure to pay wages may lead to a corresponding FLSA failure to pay minimum wages violation. Further, when full wages are averaged or not all wages are paid this may further result in an illegal FLSA violation for failure to pay minimum wages.

Compensable Work Legal Disputes

Some employers refuse to pay employees for the time it takes to put on uniforms, get to the working location, take off or put on equipment or leave a work location. Some of these cases are described as donning and doffing disputes. The failure to pay for such compensable work may result in a failure to pay overtime violation.

Compensation for FLSA Violations

Employees or groups of employees who have suffered from a violation of the FLSA are able to file a lawsuit in state or federal court to obtain proper compensation for the violation. Such compensation includes payment of the unpaid overtime or wages, penalties and liquidated damages and possible criminal penalties. The liquidated damages provision of the law requires double damages for the unpaid wages at issue. The prevailing employees or group of employees in a FLSA claim is also entitled to payment of its attorney's fees by the employer. FLSA cases may proceed individually or through collective action or class action procedures.

The provisions of the FLSA for payment of wages cannot be waived by an employee. Only a court or the Department of Labor has the ability to approve a resolution to a FLSA violation. Federal law simply requires that all wages and hours worked must be properly compensated for by the employer.

Contact a Federal Fair Labor Standards Act Attorney

The Law Offices of Kevin J. Dolley, located in St. Louis, Missouri, is centrally located in the middle of the country and can effectively represent clients in FLSA unpaid wage and hour claims throughout the country. Attorney Kevin J. Dolley can be contacted directly at 314.645.4100, 877.658.0444 or by email at Kevin@dolleylaw.com. The firm is able to represent clients in FLSA claims in federal courts throughout the United States including federal courts in Illinois, Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.