ARE YOU BEING PAID LESS THAN THE MINIMUM WAGE IN VIRGINIA OR DC?

ARE YOU WORKING MORE THAN 40 HOURS PER WEEK AND NOT BEING PAID OVERTIME IN VIRGINIA OR DC ?

DOES YOUR CURRENT OR FORMER EMPLOYER OWE YOU BACK WAGES OR OVERTIME IN VIRGINIA OR DC?

THERE IS A FEDERAL LAW WHICH MAY HELP YOU COLLECT “LOST WAGES”.

The Federal Labor Standards Act (FLSA) sets a federal minimum wage and provides an overtime requirement for employees who work more than 40 hours per week. The FLSA also provides an enforcement mechanism for employees.

An employee may recover the following damages: a)unpaid wages or overtime; b) an equal amount in liquidated damages; and c) attorney’s fees and costs. FLSA COVERAGE EXTENDS TO UNDOCUMENTED WORKERS. YOU DO NOT HAVE TO BE “LEGAL” TO FILE A CLAIM UNDER THE FLSA.

FLSA Lost Wage Recovery Laws Virginia DC FAQ Lawyer Henrico
FLSA Lost Wage Recovery Laws Virginia DC FAQ Lawyer Henrico

There are some job titles that are exempt from the FLSA. Some common exempt classifications are: a) white collar exemptions for executive, administrative and professional jobs; and b) outside sales jobs.

There are some job titles that are exempt from FLSA overtime coverage. Some common job titles that are exempt from overtime coverage are: a) employees covered under the Motor Carrier Act; b) railroad employees; c) air transportation employees; d) employees employed as seamen on American vessels; e) taxicab drivers; f) domestic servants who reside in the household; and g) motion picture theater employees.

In general you have TWO YEARS from the date of the violation in which to file a FLSA case. This is called the statute of limitations. In some cases there is a THREE YEAR statute of limitations.

To successfully collect damages under the FLSA you need to prove: a) employment at a job which does not fall within an exempt classification; b) hours worked; and c) wage rate paid.

EXAMPLES:

1. Carlos works as a cook at a restaurant. He is paid for a 40 hours week at minimum wage. He is scheduled to work 8:00 a.m to 4:00 p.m. Monday through Friday. His boss requires him to come in 30 minutes early to “set up” and to stay 30 minutes after his shift to “clean-up”. Does Carlos have a claim under the FLSA for overtime?

Answer: Yes. Carlos is actually working 9 hours per day. He is entitled to 5 hours of overtime which is calculated at 1.5 times his hourly pay per week.

2. Diego works for a landscape company and is paid $400.00 per week cash. Diego does not have any papers. Diego works 10 to 12 hours, 6 days per week. Does Diego have a claim under the FLSA for overtime?

Answer: Yes. It does not matter whether or not Diego has papers. Based upon the hours he works he has a claim for underpayment of wages and overtime.

3. Tony works as a day laborer. Bill who is acting as a subcontractor on a construction project hires Tony to do demolition at $175.00 per day. Bill works on the project for 5 days. Bill doesn’t pay Tony. Does Tony have a claim under the FLSA.

Answer: Maybe. Tony’s success in recovering his wages will depend upon finding Bill. If Bill does not have a licensed business and is just operating out of his truck, it may be impossible to collect the unpaid wages.

4. Calvin works as a truck driver. He has a CDL and is paid for 40 hours of work per week. Calvin regularly works over 40 hours per week because of the traffic conditions in this area. Does he have a claim for overtime under the FLSA.

Answer: No. Calvin is covered under the Motor Carrier Act (29 USC 213(b)(1) and his employer is exempt from the overtime requirements of the FLSA.

HOW DO I KNOW IF I HAVE A CLAIM UNDER THE FLSA. Only a lawfirm experienced with dealing with the FLSA can properly advise you whether or not you have a cause of action. Do not assume that you do not have a claim under the FLSA because you believe your job falls within an exempt classification as there are many exception under the Act. Contact us for help.

Henrico Court House Detail:

Henrico Circuit Court

P. O. Box 90775
4301 East Par Road,
Henrico, VA 23273-0775

Henrico General District Court

P. O. Box 90775
4301 East Par Road,
Henrico, VA 23273-0775

Henrico Juvenile and Domestic Relations District Court

4201 E. Par Road,
Henrico, VA 23228-2745
P.O. Box 90775 Henrico, VA 23273-0775

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.