FLSA Claims: Do You Need a Lawyer to Make a Claim for Unpaid Wages?

FLSA Claims: Do You Need a Lawyer to Make a Claim for Unpaid Wages?

The proper payment of wages is generally governed by the Fair Labor Standards Act or FLSA. While individual states have their own set of regulations regarding the payment of wages, most of these laws were set in place to reinforce the policies mandated by the federal government through the FLSA.

One of the many things that the FLSA ensures is an employee’s right to claim for wages that have been denied to them by their employer. Aside from being entitled to the federal minimum wage of $7.25 per hour, majority of employees working in America are also entitled to receive an additional 1.5 times more than their regular rate for overtime work. Any violation of these policies can be reported and acted upon by filing a claim for unpaid wages.

With the help of an experienced FLSA claim attorney, employees can petition to receive their unpaid wages on top of additional compensation for legal expenses and penalties incurred by the employer for a number of different circumstances. Common FLSA violations include an employer’s failure to pay minimum wage or additional overtime wages for “off-the-clock” work. Employers are also expected to compensate employees for paid vacation time they didn’t get to take, as well as for time spent travelling a different work-related venue during regular hours.

Seeking the help of an employment law attorney is important in this process because the policies on minimum wage and overtime pay involve certain exemptions. An employment lawyer can help individual to review and assess their cases before taking all the necessary steps. It’s typical for an attorney to give his or her opinion on whether a claim is worth pursuing. They can also provide a rough estimate of how much an individual might receive in damages, allowing potential clients to weigh between the cost and benefit of filing a FLSA claim.

When deciding to take on a lawyer’s help for your FLSA claim, take the time to consider all the options provided to you after your first legal consultation. Certain factors like legal expenses and the stress that going through such a process might bring should be part of the considerations you weigh before making a decision.

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“Insupportability,” An Acceptable Reason for Divorce under Texas Law

Lawsuits based on divorce and divorce-related issues, which include child custody, visitation rights, child support, spousal support (or alimony), and division of property, assets and debts are most emotional and argumentative if settled in a courtroom. This type of divorce, called Contested divorce, ends up in court primarily because the spouses cannot come to terms which will settle all issues that need to be settled; thus, they leave to a judge the decision making while destroying each other through their respective lawyers in order to win the judge’s favor (which is very unlikely to happen, though).

States differ with regard to the basic requirement in filing for divorce. In 17 states ( California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington and Wisconsin), the “no-fault” divorce law is observed. This means that citing any action by his/her partner, even infidelity, is immaterial.

The other 33 states, however, are known as “fault” states since these require that those who file for divorce to identify the specific ground/s upon which the divorce is being sought (despite observing the “fault” divorce law, these 33 states now also recognize the “no fault” law, thus a spouse may file for divorce by citing simply the ground of irreconcilable differences).

In Texas, for instance, if a spouse files a petition for divorce under the “fault” divorce law, he/she may cite adultery or cruelty (of his/her spouse) of a nature that renders living together unsupportable. If the divorce is filed under the “no fault” provision for divorce, however, then the petitioner may simply indicate “insupportability.”

Insupportability, as explained by Austin divorce attorneys of Kirker Davis LLP, is defined as discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Under Texas law, the Court may grant a divorce on grounds of insupportability alone, without having the need to cite any other reason.

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