Defendant's Attorney: Kirstie Morgan Simmerman

Description: Abilene, Texas employment Law lawyer represented the Plaintiff who sued the Defendant on a Fair Labor Standards Act violation theory.

The Fair Labor Standards Act (FLSA) is a federal law in the United States that sets minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in federal, state, and local governments.

Key Provisions of the FLSA

Minimum Wage: The FLSA establishes a minimum wage that employers must pay to their nonexempt employees. The current federal minimum wage is $7.25 per hour. However, many states and municipalities have set their own minimum wages, which may be higher than the federal minimum wage.

Overtime Pay: The FLSA requires employers to pay overtime pay to covered, nonexempt employees who work more than 40 hours in a workweek. The overtime pay rate is at least 1.5 times the employee's regular rate of pay.

Recordkeeping: Employers are required to keep accurate records of their employees' hours worked, wages paid, and other information. These records must be kept for a period of two years.

Youth Employment: The FLSA restricts the employment of minors and prohibits hazardous employment for minors under the age of 18.

Who is Covered by the FLSA?

The FLSA covers most employees in the private sector and in federal, state, and local governments. However, there are some exceptions, such as:

Independent contractors
Volunteers
Outside salespeople
Some agricultural workers

How to File a Complaint

If you believe that your employer has violated the FLSA, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. You can also file a lawsuit in court against your employer.

Resources

For more information about the Fair Labor Standards Act, please visit the U.S. Department of Labor's website or the Wage and Hour Division's website.
Sources

Outcome: The Court, having considered the Joint Motion to Dismiss With Prejudice, filed November 30, 2023, finds that all claims in the above-styled and -numbered civil action are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A) (ii) and with each Party to bear its own fees and costs. (Ordered by Senior Judge Sam R Cummings on 12/4/2023) (skf) (Entered: 12/04/2023)

Plaintiff's Experts:

Defendant's Experts:

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