Wheaton Fair Labor Standards Act Attorney

DuPage County Employment Dispute Lawyer Helping Employers Address FLSA Claims

Employers may need to address multiple types of legal issues related to their employees. In addition to ensuring that they are in compliance with all applicable labor laws, they may need to resolve disputes related to the wages paid to employees or the classification of workers. These matters are addressed by the federal Fair Labor Standards Act (FLSA). An employer who has been accused of violating the FLSA, such as by failing to pay employees for the hours worked, will need to determine the best ways to respond to these claims. By securing representation from a skilled employment law attorney, an employer can take steps to protect their rights and interests.

Molho and Associates, LLC works with multiple types of employers to address legal concerns related to employment, wages, worker classification, company policies, and other areas of labor law. With nearly 30 years of legal experience in multiple areas of employment law and business law, we can advise business owners on the best ways to respond to claims that they have violated labor laws, and we can provide representation when addressing disputes with employees. We will work to help employers find the most efficient and effective ways to resolve these issues, ensuring that they will be able to continue operating their business successfully while maintaining good relationships with their employees.

Addressing Employee FLSA Claims

The Fair Labor Standards Act places a number of requirements on employers. Employees must be paid wages equivalent to the federal hourly minimum wage or the minimum wage in their state. For non-exempt employees, overtime pay must be paid for any hours worked in excess of a standard 40-hour work week, and this pay must be at least 1.5 times a person's regular hourly pay. However, exceptions to minimum wage and overtime laws apply for certain employees, including executives, administrative and computer workers, those who are considered to be professionals, and employees in outside sales positions.

The FLSA also addresses the classification of workers as employees or independent contractors. While employees are entitled to receive minimum wage and overtime, independent contractors do not necessarily have these protections. In some cases, workers may claim that an employer misclassified them as independent contractors. The determination of how workers should be classified will depend on whether a worker performs work that is integral to an employer's business, the length and permanency of the relationship between a worker and employer, whether a worker uses tools and equipment provided by the employer or owns their own tools and equipment, whether a worker provides services to a single employer or multiple employers, and the level of control an employer maintains over when, where, and how a worker performs work.

Employers may also need to address issues related to child labor. The FLSA provides guidelines for employers who employ workers under the age of 18, including limits on the number of hours and the days and times children can work when school is in session. Depending on their age, children may be prohibited from working in certain occupations. In some cases, employers may be allowed to pay minors less than the minimum wage. By ensuring that they are in compliance with these regulations, employers can avoid any potential penalties that may apply for a violation.

Contact Our Wheaton FLSA Claim Lawyer

Employers may need to resolve disputes with employees regarding the wages provided for the hours worked, or they may need to respond to claims that they have misclassified workers or otherwise violated the terms of the Fair Labor Standards Act. We can provide representation for employers in these cases, and we can also help ensure that a company is in compliance with all applicable state and federal labor laws. To set up a consultation, contact us by calling 630-517-2622. We represent employers in FLSA cases in Naperville, Kane County, Downers Grove, Wheaton, Chicago, DuPage County, and St. Charles.