The Fair Labor Standards Act requires that non-exempt employees are paid in accordance with minimum wage and overtime requirements. As an employer in Texas, you want to make sure your company follows all labor laws and has a good reputation in the community, particularly when it comes to the proper payment of employee wages and overtime. However, even the most reputable company may end up facing a lawsuit filed by an employee who claims they were not paid the amount they were owed. An employment law attorney with experience representing employers can help defend against any unpaid wage or overtime claims you may be facing.
Common FLSA defenses
If an employee is accusing you of violating the FLSA, it is important that you start working on a defense strategy as soon as possible. You and your attorney may consider using one of the following defenses:
- Exempt employee: Establish that the employee was correctly classified as exempt based on an exemption listed in the FLSA and was therefore not legally entitled to minimum wage or overtime.
- Hours worked: Prove that the employee is claiming to have worked more hours than they did. Presenting a thorough and accurate record of all employee hours worked can make this defense more effective.
- Good faith: Argue that you acted in good faith and in conformity with an interpretation or ruling of the Department of Labor.
As the employer, the burden is on you to prove that you did not violate the FLSA and therefore do not owe back pay or liquidated damages. An attorney can help come up with the best strategy for your specific case.