Fair Labor Standards Act Defense

The Fair Labor Standards Act is a Federal Law which can cause great stress to an employer. An employee, who likely never provided any notice whatsoever to an employer, retains a lawyer on contingency to sue the employer for alleged unpaid wages. The incentive for lawyers to handle these cases on behalf of employees is that under federal civil rights law they are to be compensated by the employer if they prevail.

Mark has handled numerous cases in the federal courts on behalf of employers. Because the employer not only must pay its counsel, but could possibly be required to foot the bill for the employee’s lawyer, it is especially important to quickly analyze whether an attempt should be made to resolve the case it its early stages to limit the employer’s potential exposure. In making this determination with the client it is important to consider whether the employer maintained good time records. It is often essential to determine whether the employee asserting the claim is an exempt employee under the Fair Labor Standards Act. If so, there may be no liability on the part of the employer to pay overtime wages.

Mark only represents employers in Fair Labor Standards litigation.