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Plaintiff has filed
this lawsuit against Presidential Limousine; CLS Nevada (CLS
Transportation); and Jacob Transportation Services (Executive Las
Vegas) alleging violations of the Fair
Labor Standards Act (FLSA). The Fair Labor Standards Act requires
payment of minimum wages and overtime at the rate of one-and-a-half times the regular
rate of pay for all hours worked in excess of 40 hours per week.
Plaintiff, on his behalf
and on behalf of other similarly situated limousine drivers, in this lawsuit alleges that
Presidential Limousine; CLS Nevada (CLS Transportation); and Jacob
Transportation Services (Executive Las Vegas), by not paying for the
required minimum wages for each hour worked, violated the minimum
wage and overtime provisions
of FLSA. Thus, for their claims under FLSA, Plaintiff seeks alleged
unpaid minimum and overtime compensation, plus liquidated
damages and other relief provided under FLSA. You can get additional
information about this lawsuit here.
About the FLSA
The Fair Labor Standards
Act was passed in 1938 as part of the economic recovery after the
Great Depression. FLSA aimed to create greater number of jobs that
paid at least a minimum wage. - which in 1938 was only $0.25 per
hour - and FLSA also created a "penalty by requiring time-and-a-half
overtime with the purpose that this overtime penalty would give
employers an incentive to spread the work among more employees
rather than making fewer employees work longer hours.
FLSA establishes a
minimum wage for every hour worked by covered ("nonexempt")
employees. And FLSA contains overtime provisions requiring wages of
one-and-a-half times the regular rate for every hour worked over 40
hours a week in a work week.
FLSA does not limit the
number of hours worked. Instead, FLSA requires every employer to pay each employee in any workweek a
minimum wage at the following rates: (a) less than $5.85 an hour
during the year beginning on July 24, 2007; and not less than $6.55
an hour during the year beginning on July 24, 2008; and not less
than $7.25 per hour from July 24, 2009. If the
state or local laws have minimum
wages that are higher than FLSA, in that case,
state or local laws
would control and apply. And as mentioned, FLSA requires overtime
wages be paid for hours worked in excess of 40 in any work week.
The U.S. Congress has made periodic minimum wage adjustments over
time under FLSA.
FLSA allows an employee
to bring a legal action in court against his/her current or former
employer for violations of FLSA either on his own or on behalf of
other similarly situated employees. There is a two-year statute of
limitations period that applies to violations of FLSA. However, if a
court finds that an employer has willfully violated FLSA’s
provisions, then the period is extended to three years. This means
that an employee can recover two years of unpaid wages and/overtime
wages, liquidated damages and attorneys’ fees. In cases where a
court finds willful violations, then the period is three years. Note
that plaintiffs do not pay attorneys’ fees in lawsuits involving
claims of FLSA violations.
Common Violations of
FLSA
Here are some
hypothetical examples of violations of FLSA:
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Off-The-Clock Work: Employees perform work for which an employer fails to compensate.
For example, an employer may require its employees to come before
the "official start time" and make employees perform job-related
activities such as pre-shift meetings, changing clothes, gathering
tools, or preparing machines or work stations. A court might find
that these activities are compensable under FLSA.
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Short Changing Hours
(Working During Breaks): Some employers provide lunch or meal
breaks, but if during these breaks, an employer requires employees
to perform job-related tasks (even passive tasks, such as watching a
machine), then a court may find that the "lunch break" is
compensable as work time.
Click here to check if your state requires
a rest or meal break.
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Misclassifying Employees
as Exempt: An employer does not have to pay "exempt" employees
overtime wages. If an employer misclassifies an hourly employee as
"exempt," a court might find that the employer has violated the
provisions of FLSA.
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Miscalculation of
Overtime Wages: FLSA requires overtime pay to be one-and-a-half
times the "regular rate of pay. If an employer miscalculates
overtime wages or fails to include all regular wages in its
calculation of overtime, then a court may find a violation of FLSA.
Additional FLSA
Information
Here are links at which
you can obtain FLSA posters and guides from the Department of Labor:
Further Information
If you have any
questions or need further information about this lawsuit, please
contact Plaintiffs counsel.
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