Palmela Watkins v. Elwyn, Inc.

Philadelphia, Pennsylvania employment law lawyer represented the Plaintiff who sued on a Fair Labor Standards Act violation theory.



The Fair Labor Standards Act (FLSA) is a US law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting most private and public employees. Violations of the FLSA can result in significant penalties, including civil money penalties, potential lawsuits, and even criminal prosecution for willful violations.

Common FLSA Violations:



Minimum Wage:

Failing to pay the federal minimum wage (currently $7.25 per hour) or a state-mandated minimum wage, whichever is higher.



Overtime Pay:



Not paying one and one-half times the regular rate of pay for hours worked over 40 in a workweek.



Child Labor:



Employing minors in violation of the FLSA's child labor provisions, which regulate the types of jobs and hours children can work.



Recordkeeping:



Failing to keep accurate records of employee hours, wages, and other required information.



Misclassifying Employees:



Improperly classifying employees as exempt from overtime pay when they should be classified as non-exempt.



Off-the-Clock Work:



Not paying employees for all hours worked, including time spent working before or after their scheduled shifts, during breaks, or taking work home.



Retaliation:



Discharging, discriminating, or otherwise retaliating against an employee for filing a complaint or participating in an FLSA-related proceeding.



Improper Deductions:



Making deductions from employee paychecks that reduce their wages below the minimum wage or overtime pay.

Failure to Provide Break Time:



Not providing reasonable break time for nursing mothers to express breast milk.



Penalties for FLSA Violations:



Civil Money Penalties:

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Up to $1,000 for each minimum wage or overtime violation, and up to $10,000 for each child labor violation.

Criminal Prosecution:

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For willful violations, employers can face criminal charges, including fines and potential imprisonment for repeat offenses.



Private Lawsuits:

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Employees can sue their employers for FLSA violations to recover unpaid wages, overtime pay, liquidated damages, and attorney's fees.

Injunctions:

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The Wage and Hour Division of the U.S. Department of Labor can seek injunctions to stop ongoing FLSA violations.

07/10/2025 Minute Entry for proceedings held before Magistrate Judge Elizabeth A. Pascal: In-person Settlement Conference held on 7/10/2025. (bda) (Entered: 07/10/2025)



07/10/2025 12 Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 9/8/2025. Signed by Magistrate Judge Elizabeth A. Pascal on 7/10/2025. (kes, ) (Entered: 07/11/2025)