Rufina Apieczonek v. Safeway Insurance Company

Chicago, Illinois employment law lawyers represented the Plaintiff who sued the Defendant on a Fair Labor Standards Act violation theory.



"The Fair Labor Standards Act (FLSA) provides workers with minimum wage, overtime pay, and

child labor protections. The FLSA covers most, but not all, private and public sector employees.

In addition, certain employers and employees are exempt from coverage.

The FLSA requires employers to pay covered, nonexempt employees at least the minimum wage.

In 2007, the basic minimum wage was raised, in steps, from $5.15 to $7.25 an hour. The basic

minimum wage was raised to $7.25 an hour effective July 24, 2009. By the end of 2023, 30 states

and the District of Columbia are scheduled to have minimum wage rates that are higher than the

federal minimum wage; in such states, minimum wages are $1.50 to $9.75 above the federal rate.

Tipped employees may be paid less than the basic minimum wage, but their cash wage plus tips

must equal at least the basic minimum wage of $7.25. Employers may pay tipped workers $2.13

an hour in cash wages, provided the employees receive at least $5.12 an hour in tips. The latter

amount is called a tip credit. If certain conditions are met, employers may pay special minimum

wages to workers with disabilities, and subminimum wage rates may be paid to new hires under

age 20, full-time students, and student learners employed as part of a vocational training program.

The FLSA requires employers to pay at least time-and-a-half to covered, nonexempt employees

who work more than 40 hours in a week at a given job. The FLSA allows covered, nonexempt

state and local government employees to receive compensatory time off (comp time) for hours

worked over 40 in a workweek. Comp time is time off with pay in lieu of overtime pay.

The FLSA prohibits the employment of oppressive child labor in the United States and the

shipment of goods made in proximity to oppressive child labor. The act establishes a general

minimum age of 16 years for employment in nonhazardous occupations, and a minimum age of

18 years for employment in any occupation determined by the Secretary of Labor to be hazardous

to the health or well-being of minors. However, children younger than 16 may work if certain

conditions are met, and rules for agricultural and nonagricultural employment vary significantly.

For example, the general minimum age for employment in nonhazardous agricultural jobs,

outside of school hours, is 14 years.

The FLSA exempts certain employers and employees from the minimum wage, overtime pay, or

child labor standards of the act. Prominent exemptions from the minimum wage and overtime pay

provisions include those for executive, administrative, and professional employees; certain

employees in computer-related occupations; and some domestic service employees employed in

private homes (who are not employed by a third party). Children who are employed by a parent in

an occupation other than manufacturing, mining, or otherwise determined to be hazardous by the

Secretary of Labor are exempt from the FLSA child labor provisions and may be employed at any

age and for any number of hours. Child performers and children employed to deliver newspapers

to consumers are also exempt from the child labor provisions.

The FLSA authorizes the Secretary of Labor to conduct workplace inspections and investigations

to determine if FLSA violations have occurred and to enforce the FLSA provisions. Where

investigations reveal violations, the Department of Labor may seek resolution through

administrative procedures (e.g., a settlement with an employer for back pay), or file a lawsuit in a

U.S. District Court."

Settled for an undisclosed sum and dismissed with prejudice.