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If you believe that your employer has failed to pay you overtime payments for hours worked over 40 hours during a work week or if the amount paid results in you earning less than the federally mandated minimum wages. Mark A. Douglas, P.A. may be able to help you recover what is owed to you.
If you are a covered employee under Federal and State wage and hour laws and you believe your employer violated those laws, you may file a lawsuit against your employer or participate with other employees in a collective lawsuit against your employer.
Under the Fair Labor Standards Act (FLSA), you have a right to file a private action against your employer for:
One or more employees can file a collective action against the employer to recover unpaid wages on behalf of themselves or other similarly situated employees. Collective actions are not the same as class action lawsuits; similarly situated employees can “opt in” by filing a written consent with the court, or they can file their own separate individual actions.
In determining if a collective FLSA action is appropriate for certification, the court will conduct two inquiries. First, the plaintiff employees must present facts to show that they are similarly situated; that is, they are the victims of a common policy or plan to violate the FLSA. The Court also examines three additional factors to ensure that the employees are similarly situated:
(1) That any employment related differences between them are few,
(2). That the various defenses available to the employer against each plaintiff employee are essentially the same and
(3).That any fairness and procedural questions of all claims are similar.
If after this analysis, the plaintiff employees can still show that they are similarly situated, the Court will certify the collective action and other aggrieved employees may opt in. If the court finds that the plaintiffs are too dissimilar, it will dismiss the collective action and the employees must file individual lawsuits.
If you prevail in these lawsuits, the employer is responsible for paying you all back wages owed, a similar sum as liquidated damages, which amounts to punishment for not paying the correct wages in the first place, costs and your attorney’s fees.
Let us evaluate your case for you. We do not charge a consultation fee and you do not have to pay us unless you recover monies for yourself! Call us now!
Use our online form to tell us briefly about your case and someone will contact you about your case. We have recovered Tens of thousands of Dollars for people just like you!
The Fair Labor Standards Act is a Law passed many decades ago, during the era of the great depression in the United States, as a bulwark against the unfair treatment of employees in the work place, specifically as it relates to compensation. Chief among its provisions are (1) a mandate to pay covered employees at least a minimum wage for all hours worked (2) to pay time and half the rate of wages to covered employees for all hours worked exceeding 40 hours each workweek anytime between Mondays to Sunday.
To recover money owed, a Lawsuit will be filed in the Federal Court of the District that is relevant to your case. You are required to prove that you are a covered employee who has worked overtime for which you were not paid or that your effective wages is less than the minimum wages. Mark A. Douglas, P.A., has a track record of success in recovering money on our client’s behalf for unpaid overtime and minimum wage.
In most cases you have to bring your claim within two (2) years. This means that if you have worked for an employer for 5 years, you can only file suit and demand back-pay for the last two years or up to two years since the end of your employment. In some instances, if you are able to show that the employer’s action was willful, you may be able to recover up to three years. If you think you have a claim, call the Law Office of Mark A. Douglas, P.A.
An employer who is found liable for unpaid overtime is required to pay the full amount that is owed, plus an addition equal amount in liquidated damages. Liquidated damages serves as interest and punishment to the employer for their failure to pay. In many instances, the parties may compromise and agree to settle the matter before a trial for a reasonable sum that both parties and the Court agree on to cover all amounts due on the claim.
If we assess your case to have merits, we will work on your case for no upfront attorney’s fee. An employer who is found to be liable under the FLSA for unpaid overtime or minimum wage will likely be assessed for attorney’s fees and costs to bring the action. We only get paid if you recover. If we do not recover money on your behalf, you owe us nothing.
In most cases, you may be offered a free telephone consultation to fully assess the merits of your case and the potential for recovery.
Mark A. Douglas, P.A. is a dynamic Fort Lauderdale, Florida based law firm which takes pride in its reputation as a client focused practice.
The recipient of this form in no way obligates Mark A. Douglas P.A., Attorneys at Law, its associates or its affiliates to provide legal representation to the above-listed individual. The information being received is for informational purposes only and legal representation is not guaranteed nor is any attorney client relationship created until a written contract is signed between Mark A. Douglas, P.A. and the potential client. Additionally, Mark A. Douglas, P.A. reserves the right to refuse legal representation to the above-listed individual at its sole discretion.