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One of the key issues in analyzing an FLSA lawsuit is whether the employer had knowledge that it was violating the law.This determination will affect the amount of damages an employee can recover, as well as the statute of limitations, or how far back we can go, to recover unpaid wages. The standard typically applied by the courts analyzes whether the employer could have learned of the employee's activities by making reasonably diligent inquiries. It is very unusual for a court to find that an employer did not have the requisite knowledge when the activities in question are a vital or important part of an employee's job. Unless the employee has deliberately hidden the fact that he or she is performing these duties and working those additional hours.
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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