Employment Law Articles
The Law Protects Employees Who Complain About Not Receiving Their Overtime Pay Or Minimum Wage
By Scott Adams | Employment Law Attorney
Published on March 15, 2016
Many Employees are worried they will be retaliated against for complaining to their employer about not receiving proper overtime pay or minimum wage. Employees should not fear because the law provides protection.
The Fair Labor Standards Act (“FLSA”) provides that it is unlawful for any person to discharge or in any other manner discriminate against an employee because the employee has filed a complaint or instituted or caused to be instituted a proceeding under the FLSA. Such complaints can be oral or in writing. All that is required of an employee is to make a sufficiently clear and detailed complaint so that a reasonable employer understand that the employee is asserting his or her legal rights protected by the FLSA.
The reason for such broad protection from retaliation is because the purpose of the FLSA is to protect workers from substandard wages and oppressive working conditions. The denial of a living wage is not only detrimental to the employee but can also cast a direct burden for their support upon the community. The law recognizes that protection from retaliation is necessary because we are not dealing with mere chattels or articles of trade but with the rights of those who toil, of those who sacrifice a full measure of their freedom and talents to the use and profit of others- the Employer. The law recognizes that employees that suffer from such unfair labor conditions as not receiving minimum wage and overtime pay should not be further victimized by being retaliated for complaining about such conditions.
An employee that is retaliated for complaining about unpaid overtime pay or unpaid minimum wage is entitled to damages. Such damages could include:
- back pay
- liquidated damages
- front pay
- compensatory damages
- attorney fees and costs
If you have been a victim retaliation, discrimination, harassment, or a hostile work environment, please contact an overtime pay and minimum wage attorney at LaBar Adams in Orlando, FL calling 1-866-680-4LAW or 407-835-8968. or filling out the online form located at the top of this page.
- An Overtime and Minimum Wage Claim Survives a Party’s Death
- The Fair Labor Standards Act will Cover More Employees Commencing on December 1, 2016
- Employment Lawyers of LaBar & Adams have been named Class Counsel
- Am I Exempt from Overtime Pay and Minimum Wage Laws?
- Am I entitled to overtime even though I receive a salary?
- Employees are Entitled to Prompt Payment of Overtime Pay and Minimum Wage
- Can Salespersons Be Entitled To Overtime Pay And Minimum Wage?
- Who Can Be Responsible For an Employee's Unpaid Overtime Pay And Minimum Wage Pursuant To The FLSA?
- Are Employees Complaining About Not Receiving Overtime Pay Or Minimum Wage Protected From Retaliation?
- Are Independent Contractors Entitled to Overtime Pay and Minimum Wage?
- Are Employees That Are Paid By Straight Commission Entitled To Overtime Pay And Minimum Wage?
- Are Employees Entitled to Overtime Pay And Minimum Wage When Pay And Time Records Do Not Reflect The Hours Actually Worked?
- Are Salaried Employees Entitled To Overtime Pay And Minimum Wage?
- When Are Interns Entitled to Overtime Pay and Minimum Wage?
- Rectifying Substandard Wages and Oppressive Working Hours
- What Should Be Included in an Employee’s Regular Rate of Pay When Calculating Overtime Wages Owed?
- What is Overtime Pay?
- Are Salaried Employees in Florida Entitled to Overtime Pay?
- What is Overtime Pay
- Who Gets Overtime Pay in Florida?