Workplace Word: December 2007 - FLSA Issues
If your company is engaged in a business affecting commerce - and chances are, it is - your company is subject to the provisions of the Fair Labor Standards Act ("FLSA"). Among other things, the FLSA dictates who is entitled to overtime pay (those employees referred to as "non-exempt") and how such time must be calculated and paid. Failure to comply with the FLSA and state wage and hour laws could result in serious financial consequences for your company, including unpaid wages, and double damages (in some cases damages can be tripled under state law) attorney's fees to defend against a lawsuit and (if you are unsuccessful) the employee's attorney's fees. As such, it is essential to both understand the basics about the FLSA and to follow up with counsel regarding your questions to ensure that you are in compliance with the FLSA.