Ashley Brooks v. Berman Management, LLC, et al.

Greenbelt, Maryland, employment law lawyer represented the Plaintiff on a Fair Labor Standards Act violation theory.



The Fair Labor Standards Act (FLSA) establishes federal standards for minimum wage, overtime pay, recordkeeping, and child labor for most private and public employees. Key provisions require employers to pay a minimum hourly wage, at least one and a half times the regular rate for hours worked over 40 in a week (unless an exemption applies), and to maintain accurate records of hours and wages. The law also prohibits oppressive child labor and sets age restrictions for minors.

Key Provisions



Minimum Wage: Sets a federal minimum hourly wage that covered, non-exempt employees must be paid.



Overtime Pay: Requires employers to pay non-exempt employees at least 1.5 times their regular rate for all hours worked over 40 in a workweek.

Child Labor: Prohibits oppressive child labor by setting general minimum age requirements for employment and restricting minors from hazardous work.

Recordkeeping: Mandates that employers keep accurate records of the hours employees work and the wages they are paid.



Exempt vs. Non-Exempt Employees



Non-Exempt Employees: Are protected by the minimum wage and overtime provisions of the FLSA.



Exempt Employees: Are not subject to overtime pay and may be exempt from minimum wage requirements, often due to their executive, administrative, or professional roles.



Scope of Application



Coverage: The FLSA applies to most private and public employees, including those in businesses that engage in interstate commerce.



Exceptions: Certain employees, such as executive, administrative, and professional employees, and those in specific industries like auto, truck, and trailer sales, may be exempt from the law's overtime provisions.



Administration and Enforcement



The Department of Labor's Wage and Hour Division administers and enforces the FLSA.

Private Lawsuits: The FLSA allows individual employees to file lawsuits for violations.

Higher Standards: Employers must also comply with any federal, state, or municipal laws that establish higher minimum wages or lower maximum workweeks than the FLSA.



Major Laws Administered/Enforced - U.S. Department of Labor

* The Fair Labor Standards Act (FLSA) is the federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage sta...

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U.S. Department of Labor (.gov)



Handy Reference Guide to the Fair Labor Standards Act | U.S. Department of Labor

The FLSA also covers: * Hospitals * Institutions primarily engaged in the care of the sick, the aged, or the mentally ill * Schools for mentally or physically d...

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U.S. Department of Labor (.gov)

The Fair Labor Standards Act (FLSA): An Overview

Mar 8, 2023 — 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 allow...

Settled for an undisclosed sum and dismissed.