FLSA Attorney

A FLSA experienced Employment Attorney at the Pursley Law Firm will review the details of your case to determine the best course of action to pursue against your employer. The Pursley Law Firm has the ability to pursue claims for FLSA victims all over Texas; including the cities of Austin, Dallas, Houston, El Paso, Fort Worth, and San Antonio. FLSA Employment violations can be very common; an experienced FLSA Employment lawyer is ready to discuss your case with you and how he can best assist you.

The purpose of the Fair Labor Standards Act (FLSA) is to "provide employees with a judicial remedy in the federal courts to enforce the statutory right to minimum wages and overtime pay against employers." This congressional intent manifests itself in, among other things, issues of coverage and burdens of proof that favor the employee, and, in certain circumstances, in a presumption favoring liquidated (punitive) damages. Court rulings have also emphasized that the purpose of the FLSA is to help employees "to maintain a decent standard of living." Unlike most statutes, the burden of proof in FLSA cases often falls on the defendant-employer, not the plaintiff-employee. For example, the employer bears the burden of showing an employee is exempt from the FLSA's overtime provisions.

The FLSA casts a wide net. In general, its provisions apply to all employers and cover all employees who are not expressly exempt and who are either (i) engaged in interstate commerce or in the production of goods for interstate commerce, (ii) employed by an "enterprise" engaged in such activities, or (iii) employed as a private household domestic servant. However, for constitutional reasons, state employees are not covered by the FLSA. The FLSA applies only to employment relationships. Thus, those outside of an employment relationship, e.g., independent contractors, are not covered by the FLSA. The FLSA broadly defines "employer" to include "any person acting directly or indirectly in the interest of an employer in relation to an employee." It applies to all work that is allowed or provided as long as the employer is aware the work is being performed.

To determine whether an employment relationship exists under the FLSA, the Fifth Circuit focuses on whether the alleged employee, as a matter of economic reality, is economically dependent upon the business to which he or she renders his or her services. The "economic realities" test requires the court to consider the following five factors, none of which is dispositive: the degree of control exercised by the alleged employer; the extent of the relative investments of the worker and alleged employer; the degree to which the worker's opportunity for profit and loss is determined by the alleged employer; the skill and initiative required in performing the job; and the permanency of the relationship.

The Department of Labor (DOL) developed the elaws Advisors to assist employees and employers or other individuals learn about and understand what their responsibilities and rights are under numerous Federal employment laws. Each Advisor is a series of links to more detailed information that may be useful to the user, such as links to regulatory text and explanations of it, organizations, and publications.

The Fair Labor Standards Act (FLSA) Advisor is a great place for employees and employers to find information to better understand Federal child labor, minimum wage, overtime, and recordkeeping requirements. The child labor section answers questions from youth, parents, teachers and employers about Federal child labor rules. This Advisor was developed by the Wage and Hour Division of the Employment Standards Administration. You will be provided the opportunity to review answers to frequently asked questions or to explore more information on child labor rules, determining hours worked, FLSA coverage, and other FLSA topics.

It is important to have the assistance of an employment attorney to ensure your understanding of your rights and whether or not they have been violated by your employer.

Do I Have An FLSA Case in Texas?

Overtime Information Center

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4635 Southwest Freeway
Houston, Texas 77027
Tel: (713) 893-0022

Mailing Address
P.O. Box 20545
Houston, Texas 77025