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One of the most common client questions, if not the most common, is "What am I entitled to if I pursue a claim under the FLSA?" If you file an FLSA claim, and you win, you can be entitled to recover backpay for all unpaid overtime and minimum wages usually beginning two years from the date the complaint is filed. In certain situations, the court may allow up to three years of recovery. Also, in some cases, employees may be entitled to recover double the amount of backpay for what is commonly referred to as liquidated damages. The FLSA also requires that the employer, not the employee, reimburse out of pocket litigation expenses and pay the employee's attorney's fees and costs.
Hiring an attorney experienced with the Fair Labor Standards Act (FLSA) is the first step in protecting your overtime rights.
The Fair Labor Standars Act or the FLSA defines work as time spent performing job related activies which benefit your employer.
An employer can not manipulate the work week to avoid paying overtime. However, it is legal for your employer to adjust your work shift during a work week to avoid having you work overtime.
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