As a business owner, navigating the Fair Labor Standards Act (FLSA) can be challenging. From properly classifying employees to ensuring wage and hour compliance, one mistake can lead to costly lawsuits or Department of Labor investigations. The good news? You don’t have to handle it alone. Partnering with an experienced business law attorney can help protect your business from violations and give you peace of mind.
What Is the FLSA?
The Fair Labor Standards Act is a federal law that establishes standards for minimum wage, overtime pay, recordkeeping, and youth employment. Businesses that fail to comply can face serious penalties, back pay orders, and damaging lawsuits.
Common FLSA Pitfalls for Business Owners
- Misclassifying Employees:
One of the most common FLSA mistakes is incorrectly labeling employees as exempt from overtime or misclassifying workers as independent contractors. - Not Paying Overtime Properly:
Businesses must pay eligible employees overtime wages for any hours worked beyond 40 hours in a workweek. Missteps here are a common source of lawsuits. - Inaccurate Recordkeeping:
Failing to keep proper records of hours worked and wages paid can result in compliance violations if your business is audited. - Unpaid Internships and Trainees:
While internships are often unpaid, they must meet strict criteria under the FLSA to avoid wage violations.
How a Business Attorney Can Help with FLSA Compliance
- Conduct a Comprehensive Compliance Audit
An attorney can review your current employment practices, payroll procedures, and employee classifications to identify any areas of concern. - Employee Classification Guidance
An FLSA attorney can help ensure you’re classifying employees correctly — whether they’re exempt or non-exempt — and help you navigate grey areas that could leave you vulnerable to litigation. - Develop Clear Policies
Your attorney can help draft clear, compliant employee handbooks, overtime policies, and wage agreements that protect your business. - Training and Support for Management
Having informed managers is key to avoiding wage and hour mistakes. An attorney can provide training to your leadership team on common FLSA risks and best practices. - Defense Against Claims
If a current or former employee files a wage and hour claim, an attorney can help you respond, negotiate settlements if appropriate, or defend your business in court.
Why This Matters to Your Business
FLSA violations are one of the most common reasons businesses get sued. With “Lawsuit Larry” lurking in every industry — those opportunistic individuals who target companies with wage and hour violations — it’s critical to protect yourself.
Just one lawsuit can result in thousands of dollars in penalties, back pay, and legal fees. Worse, it can damage your business reputation.
Proactive Protection for Your Business
At Trembly Law Firm, our mission is to Protect the Economy, One Business at a Time®. We work with business owners to help them stay compliant and avoid costly lawsuits. Whether you need help with an FLSA audit, employee classification review, or defense in a wage and hour dispute, we’re here to support you.
Need Help with FLSA Compliance?
Don’t wait for a lawsuit to strike. Schedule a consultation with Trembly Law Firm today and let’s protect your business from wage and hour pitfalls.
Contact us today — protect your business before “Lawsuit Larry” comes knocking!