The Fair Labor Standards Act ("FLSA") sets forth standards for basic minimum wage and overtime pay which apply to most public and private employers. The Department of Labor's Wage and Hour Division enforces the standards prescribed in the FLSA. However, workers need to know that the DOL frequently settles cases for far less than the amount that they can obtain by filing a lawsuit. Workers do not have to accept and are not required to accept a claim settlement offer negotiated through the DOL. So, a worker’s best choice may be to retain a lawyer. The FLSA requires that a guilty employer pay the attorney fees and costs if a worker prevails in court. The FLSA allows a worker, in certain circumstances, to recover owed wages and overtime to up a three year period (otherwise just two years) and double damages. However, the U.S. Department of Labor rarely pursues this maximum relief for owed overtime and other wages. Even if you have accepted a DOL negotiated settlement, you still may be required to obtain the actual amount owed to you with penalty damages under some State laws. Lebau & Neuworth represents workers all over Maryland and the District of Columbia in wage cases. Even if you have settled through the DOL process, remember, you may still have separate claims for damages under State laws such as the Maryland Wage & Hour Law or the Maryland Wage Payment and Collection Law and the laws of the District of Columbia. Contact us ASAP if you think you are owed wages at www.lebauneuworth.com/contact.
