The FLSA requires overtime at one and one-half times the regular rate for hours over forty, subject to exemptions for executive, administrative, professional, outside sales, and computer employees.
Liquidated damages double the unpaid wages absent good faith.
Alternative Names:
FLSA, Wage and Hour Act
Why it Matters?
Liquidated damages doubling the award, plus fee shifting and a two or three year lookback, make wage and hour exposure substantially larger than the unpaid wages alone. Exemption misclassification is the recurring claim, and the duties test governs rather than the job title or salary basis alone. Recordkeeping failures also shift the burden, since an employer without accurate time records cannot effectively dispute the employee's reconstruction.
Frequently Confused with
Related terms
Frequently asked questions
Why is FLSA exposure larger than the unpaid wages?
What governs exemption status?
