Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 2:23-cv-01060
Judge: Gary R. Brown
Court: United States District Court for the Eastern District of New York (Nassau County)
Plaintiff's Attorney: Dan Schlade
Defendant's Attorney: No appearance
Description: Central Islip, New York employment law lawyer represented the Plaintiff who sued the Defendants on a Fair Labor Standards Act violation theory.
"The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments.
Some of the common violations of the FLSA include:
Paying less than the minimum wage. The current federal minimum wage is $7.25 per hour. However, some states and localities have higher minimum wages.
Not paying overtime pay. Overtime pay is time and a half the regular rate of pay for hours worked over 40 in a workweek.
Not keeping accurate records of hours worked. Employers must keep accurate records of the hours their employees work, including start and stop times, breaks, and overtime.
Requiring employees to work off the clock. This is illegal and can result in back wages and penalties.
Discriminating against employees who complain about FLSA violations. Employees are protected from retaliation for complaining about FLSA violations.
If you believe that your employer is violating the FLSA, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. The Wage and Hour Division can investigate the complaint and take action against the employer, if necessary.
You can also file a private lawsuit against your employer for FLSA violations. However, it is important to speak with an attorney before filing a lawsuit, as there are certain requirements that must be met in order to bring a successful lawsuit.
Here are some of the penalties for FLSA violations:
Civil fines of up to $1,000 per violation.
Criminal fines of up to $10,000 per violation and/or imprisonment for up to six months.
Restitution to employees who were underpaid.
If you believe that your employer is violating the FLSA, you should contact an attorney to discuss your legal rights and options."
Outcome: 09/13/2023 ORDER DISMISSING CASE: Based on counsel's status report this case is deemed DISMISSED without prejudice to its reinstatement, subject to a written request. Barring any further requests within 30 days of this order, this dismissal shall deemed with prejudice. Ordered by Judge Gary R. Brown on 9/13/2023. (KM) (Entered: 09/13/2023)