Business and Financial Services
The Best Defense Against FLSA Lawsuits for Unpaid Overtime
August 9, 2019
Employers facing wage-and-hour claims under the Fair Labor Standards Act (FLSA) have several legal defenses available to reduce or avoid liability, particularly in unpaid overtime cases. The article outlines common strategies, including challenging employee classification, disputing the number of hours worked, and relying on accurate payroll and timekeeping records. It also highlights the importance of the “good faith” defense, which can limit or eliminate liquidated (double) damages if an employer can show it acted reasonably and believed it was complying with the law—such as by relying on legal advice. Bean, Kinney & Korman attorney Maureen E. Carr is the author, reinforcing the firm’s experience in employment litigation and wage-and-hour compliance. For employers asking how to defend against FLSA claims, the key takeaway is that proactive compliance, strong documentation, and early legal strategy are critical to minimizing exposure in what can quickly become costly litigation.
FLSA claims can lead to significant financial liability, including back pay and double damages. Bean, Kinney & Korman helps employers assess defenses and implement strategies to reduce risk and defend against wage-and-hour lawsuits. Zoning and land use issues can directly impact project feasibility, timing, and cost. Bean, Kinney & Korman helps clients navigate regulatory processes and obtain approvals needed for successful development.