FLSA Collective Actions

FLSA Collective Actions Lawyer - Orlando, Jacksonville, All Florida

Under the Fair Labor Standards Act (“FLSA”) (an Act that regulates federal wage, hour, and overtime laws), non-exempt employees should be paid not less than time and one-half their regular rate of pay for overtime hours worked. Overtime hours can include working more than 40 hours in one week or more than 8 hours in one day. A unique aspect of the FLSA is that the statute provides for claims to be brought collectively by groups of employees to recover unpaid minimum wage or overtime pay on behalf of themselves “and other employees similarly situated.” These “collective actions” are a form of representative class action. However, there are some significant distinctions between FLSA collective actions (which are an “opt-in” form of class action in which each plaintiff must affirmatively file a “Consent Form” with the court to be included in the action) and Federal Rule of Civil Procedure 23 “opt-out” class actions. In FLSA collective actions a lenient “similarly situated” standard is applied to determine whether the class will be certified. Christopher A. Pace is an experienced FLSA collective actions lawyer.

The FLSA statute of limitations for collective actions is two years, but can be extended to three years for “willful” violations. Therefore, each individual plaintiff will have a recovery window that extends back at least two years from the day that individual’s consent form is filed with the court. If willfulness if found, the recovery window will expand to three years back from the day of the individual consent form if filed. If the employer continues to engage in the challenged conduct, current employees may have a window of recovery that goes back 2 to 3 years and extends forward for as many years as the unlawful pay practices continue.

Let an Experienced Orlando FLSA Collective Actions Lawyer and Jacksonville FLSA Collective Action Lawyer Handle Your FLSA Case

To schedule an appointment with an experienced Orlando business law lawyer and Florida trial and litigation lawyer, please call (407) 872-0600 or email your legal issue.

Located in Orlando, Florida, Christopher A. Pace serves all of Florida, North Florida, and Central Florida, including Winter Park, Altamonte Springs, Sanford, Lake Mary, Kissimmee, Windermere, Oviedo, Winter Springs, and Winter Garden, as well as Orange County, Brevard County, Osceola County, Citrus County, Lake County, Volusia County and Seminole County, Florida.