Fair Labor Standards Act

Pennsylvania FLSA Lawyer

Even for the most committed and conscientious employers, Fair Labor Standards Act or FLSA litigation is costly risk of doing business. At Hardin Thompson, P.C., our experienced employment law attorneys advocate for our clients. Our goal is to achieve the most beneficial outcome through negotiation, mediation and, when necessary, aggressive litigation.

Adopted in 1938, The Fair Labor Standards Act is a one of this nation's oldest employment laws. The FLSA establishes minimum wage, overtime pay, record keeping and youth employment standards. The FLSA can affect almost every enterprise from an international corporation to a small family business. The FLSA requires that employers pay their employees time and half for work that exceeds 40 hours per week, unless the employer can claim an exemption.

The three most common FLSA lawsuits are:

  • Misclassification Cases: Employee claims that the employer improperly classified him/her as exempt from the FLSA, or an independent contractor.
  • Off-the-clock Cases: Employee claims that the employer did not pay him for all overtime hours worked.
  • Tip-Pool Cases: "Tipped" employees claim that they are forced to share tips with non-tipped employees.

There are three classes of employees that may be exempt from the requirements of the FLSA: executive employees, administrative employees and highly compensated employees. Administratively and executively exempt employees must earn a minimum of $23,660 annual salary and must have primary duties which require the exercise of discretion and independent judgment. These types of employees are engaged in the general operation of the business, as opposed to production or manual labor. Highly compensated employees are those whose annual compensation is at least $100,000 (including at least $455 per week in salary) and who regularly perform one or more of the exempt duties of an executive, administrative or professional employee.

Recently, there has been an increase in the number of employees challenging their FLSA exempt status in federal courts. FLSA cases must be handled with care and diligence, as employees often join in class and collective actions, which can expose an employer to devastating damages.

Employers can feel overwhelmed by the size and claimed damages a class or collective action can present. The proposed costs and numbers can be daunting. Many of the law firms representing plaintiffs in these cases, have often filed multiple similar suits. Hardin Thompson, P.C. has experience and knowledge in representing clients in state and federal courts, and in appellate proceedings. We can help clients organize facts, manage the discovery process and present the best procedural and substantive defenses. We defend and protect the business interests of employers, helping them to navigate through the complexities of an ever-changing set of laws and regulations.