Bryce W. Apgar v. Fast Mico Solutions, Inc.

West Palm Beach, Florida employment law lawyer represented the Plaintiff who sued on a Fair Standards Labor Law Act violation theory.



Violations of the Fair Labor Standards Act (FLSA) primarily involve failure to pay minimum wage or required overtime, improper classification of employees (especially to avoid overtime), and violations of child labor laws. Other common violations include requiring employees to work "off-the-clock," mismanaging breaks, and improper deductions from pay that reduce an employee's earnings below minimum wage. Violations can lead to significant financial penalties, back wages owed to employees, and even criminal prosecution for willful violations.  



Common FLSA violations



Minimum wage: Not paying the federal or state minimum wage.  Overtime: Failing to pay non-exempt employees time-and-a-half for hours worked over 40 in a workweek. 



Improper deductions: Deducting amounts from a paycheck that would lower an employee's pay below the minimum wage or overtime threshold. 



Off-the-clock work: Requiring or allowing employees to work without being paid, such as for pre-shift duties, closing procedures, or during unpaid breaks. 



Employee misclassification: Incorrectly classifying an employee as an "exempt" employee or an "independent contractor" to avoid paying overtime or other benefits. 



Child labor: Employing minors below the minimum age or in hazardous occupations.  Break time issues: Failing to provide a non-exempt nursing mother with a private, sanitary space and reasonable break time to pump breast milk for one year after childbirth. 



Recordkeeping failures: Not keeping accurate records of hours worked and wages paid. 



Consequences of violations Back wages: Employers may be forced to pay back wages to employees for unpaid overtime or minimum wages, which can go back for up to two or three years depending on the violation. 



Fines and penalties: Penalties can include fines, which may increase for repeated or willful violations. 



Criminal prosecution: Willful and repeated violations can result in criminal prosecution, fines of up to \(\$10,000\), and even imprisonment for a second offense. 



Injunctions: The government can seek to prevent employers from shipping goods produced in violation of the FLSA. 

Settled for an undisclosed sum and dismissed.