When Employers Violate the Fair Labor Standards Act (FLSA) : Your Legal Options

The Fair Labor Standards Act (FLSA) is one of the most critical pieces of legislation for protecting workers’ rights in the US. It sets the standard for wages, overtime, recordkeeping, and youth employment. 

But here’s the thing—employers don’t always follow the rules. Sometimes, it’s due to ignorance, and other times, they intentionally cut corners to save money. If your rights under the FLSA are violated, don’t shrug it off. 

Understanding what counts as a violation and your options can make all the difference in protecting yourself. Keep reading. We’ll break it all down for you. 

Common Violations of the FLSA by Employers 

Employers violating the FLSA isn’t as uncommon as you might think. Knowing what to look out for can save you a lot of headaches. Here are some of the most common offenders when it comes to bending or outright breaking labor laws:

1. Unpaid Overtime 

The law is clear—non-exempt employees are entitled to overtime pay at a rate of one-and-a-half times their regular rate for any hours worked over 40 in a workweek. Yet, some employers ignore this, either not paying overtime at all or coming up with excuses like “we don’t have the budget for it.” 

2. Failing to Pay Worker’s Comp

Worker’s compensation is a form of insurance that protects employees in the event of a work-related injury or illness. 

Employers are required by law to have this coverage, even if they only have one employee. Failure to do so could leave you vulnerable and financially responsible for any medical bills or lost wages.

Many employees don’t know they’re protected when injured on the job. Because some of this stuff varies by location, you’ll want to grab an attorney for this one. So if you’re hurt at work in California, don’t hire an Oregon attorney. If you’re hurt in Oklahoma, find a worker’s compensation attorney in Oklahoma.

3. Misclassification of Employees 

One of the most frequent ways employers violate the FLSA is by misclassifying employees. Maybe you’ve been told you’re an “independent contractor” (Yes, Uber, we’re talking about you) or a “salaried exempt employee,” meaning you shouldn’t expect overtime pay. 

But what if your job duties don’t meet the requirements for these classifications? Employers sometimes label workers this way to avoid paying overtime or offering certain benefits. 

If you’re doing the work of a regular employee while being called a contractor, this could be a sign of misclassification. 

Your Legal Rights Under the FLSA 

If you suspect an employer is violating your FLSA rights, the law provides you with options. Here’s a brief outline of what you can do to take control of the situation:

File a Complaint with the Department of Labor 

Your first option is to submit a formal complaint to the U.S. Department of Labor (DOL). The DOL has a division dedicated to handling cases like these—the Wage and Hour Division (WHD). They’ll investigate and enforce compliance if they find your employer broke the rules.

Pursue Legal Action Against Your Employer 

Sometimes, filing a complaint isn’t enough. If the issue is severe or persists and your rights are constantly violated, you can sue your employer for damages. Workers who win FLSA-related lawsuits could be entitled to back pay, compensation for unpaid overtime, and even damages that double the amount owed. 

Before you go this route, make sure your case is rock-solid.

Advocating for Your Rights 

The problem could be unpaid overtime, misclassification, or a more serious labor violation. There are laws and resources in place to protect you. 

Knowing the signs of illegal employer practices is the first step toward reclaiming what’s owed to you. Don’t stay silent; speak up and seek guidance. 

Whether you file a DOL complaint, consult an attorney, or take legal action, advocating for yourself isn’t just about your paycheck—it’s about ensuring fair treatment for all workers. You deserve better, and the law is on your side.