Bobby Wade Hollis v. Bob Page, et al.

Jasper, Alabama 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 that sets minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the public and private sectors. It is enforced by the Department of Labor's Wage and Hour Division (WHD).



Here are some key points about the FLSA:



Minimum wage: The federal minimum wage is currently $7.25 per hour, but many states and localities have enacted higher minimum wages.



Overtime pay: Most covered non-exempt employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rate of pay.



Recordkeeping: Employers are required to keep certain records for each employee, such as hours worked, wages paid, and deductions made.



Child labor: The FLSA restricts the employment of children under the age of 16 and sets specific limits on the hours they can work.



Exemptions: There are several exemptions to the FLSA's minimum wage and overtime pay requirements. These exemptions apply to certain types of employees, such as executive, administrative, professional, outside sales employees, and agricultural workers.



Employee vs Contractor: The FLSA applies to employees, not independent contractors. If you are unsure whether you are an employee or an independent contractor, the IRS has a 20-factor test that can help you determine your status.



Here are some resources where you can learn more about the FLSA:



Department of Labor - Wage and Hour Division: https://www.dol.gov/agencies/whd

Fair Labor Standards Act (FLSA) Overview and History: https://www.investopedia.com/terms/f/fair-labor-standards-act-flsa.asp

Handy Reference Guide to the Fair Labor Standards Act: https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/Digital_Reference_Guide_FLSA.pdf



It is important to note that the FLSA is a complex law with many nuances. If you have any questions about your rights under the FLSA, you should contact an attorney.



Here are some additional details you may find helpful:



State and local laws: Many states and localities have their own minimum wage and overtime laws that may be more generous than the federal law.

Employee rights: Employees have the right to file a complaint with the WHD if they believe their employer has violated the FLSA.

Penalties for violations: Employers who violate the FLSA may be subject to back wages, liquidated damages, and civil penalties.

The Court is in receipt of Plaintiff's Motion to Dismiss for lack of jurisdiction (Doc. 11 ). This Motion is GRANTED. This action is DISMISSED. Costs are taxed as paid. Defendants' Motion to Dismiss is MOOT (Doc. 7 ). Signed by Judge L Scott Coogler on 12/12/2023. (MEB2) (Entered: 12/12/2023)