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more_legal_areas workers_compensationAn employee may be eligible to participate in an overtime class action lawsuit if they have been unlawfully denied overtime wages. The Fair Labor Standards Act (FLSA) was enacted in 1938 to protect employee rights. This law provides standards for minimum wage, overtime pay, and child labor provisions. The Fair Labor Standards Act was recently revised in August of 2004, extending overtime benefits to more employees.
Changes made to the Fair Labor Standards Act went into effect in August 2004 and included a number of provisions regarding employee eligibility for overtime pay. FLSA was established originally to protect the rights of employees who worked more than 40 hours a week by mandating that these employees receive “time and a half” wages for any overtime, providing that they met certain employment requirements. Problems in defining who was eligible for overtime pay prompted a revisal of this federal law.
Employees who make less than $455 each week or $23,660 annually are guaranteed protection under FLSA. The old law''s minimum salary requirements were much lower than this, thus changes in the law have extended overtime coverage to a significant number of lower wage workers. FLSA revisions also delineate exactly who is exempt from overtime wages, and therefore rendered unable to file an overtime class action lawsuit.
Under new FLSA provisions, employees whose jobs are defined as executive, administrative, professional, or outside sales are exempt from overtime pay if they meet all relevant requirements and earn above the minimum salary standard. Some computer-related professionals are also exempt from overtime law coverage.
In addition to covering lower-income workers, FLSA also guarantees overtime rights to people in public service, law enforcement, and first responder employment capacities. Any blue collar worker whose employment responsibilities include manual or physical labor are also guaranteed protection under FLSA law. All of these employees have the right to seek compensation for unlawfully denied overtime wages through an overtime class action lawsuit.
The Department of Labor''s Employment Standards division is responsible for investigating overtime law violations, facilitating the recovery of $212 million in back wages in 2003 alone. Civil money penalties for overtime law violations in 2003 totaled almost $10 million, largely procured through overtime class action lawsuit cases.
Several large companies have been subject to overtime class action lawsuit charges in recent years including: Starbucks, Wal-Mart, Radio Shack, Bank of America, and Farmer''s Insurance. Many of these overtime class action lawsuit cases resulted in multi-million dollar settlements to compensate the victims of overtime law violations. If you are eligible for overtime pay that has been unlawfully denied by your employer, you may wish to contact a qualified attorney who can determine your eligibility in an overtime class action lawsuit.
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