The absence of private injunctive relief is not the only remedial inadequacy that has prevented
FLSA from effectively combatting wage theft on a systematic level; the statute also lacks an opt-out class mechanism.
The district court used a two-prong approach to determine the
FLSAdetained immigrant workers are "employees" under the
FLSA and,
However, when an employee has lost or intentionally damaged PPE, the employer is not required to pay for its replacement (although,
FLSA rules pertaining to deductions still apply and state laws may also have restrictions).
In Cheeks, an employee-plaintiff brought claims for overtime wages against his employer under the
FLSA and New York Labor Law.
Under the final rule, the
FLSA salary threshold will be adjusted every three years and set at a rate that represents the 40th percentile of full-time salaried workers in the lowest-wage US Census region (currently the South).
Republican opponents of PPACA have tried to reduce the scope of the PPACA employer coverage mandate by proposing bills that could affect the kinds of matters normally governed by
FLSA, such as whether an employee is a full-time worker or a part-time worker.
To make matters worse,
FLSA violations usually aren't limited to one employee and can easily be converted to a collective action lawsuit (the
FLSA's version of a class action).
It also said they "were and still are exempt from the minimum wage and overtime requirements of the
FLSA."
"Other courts have echoed the First Circuit in its observation that the
FLSA is the exclusive remedy of rights created under the
FLSA.
Defendants challenge the applicability of the
FLSA on two grounds.
We agree with other federal circuits, however, that under the
FLSA the relevant unit for determining a pay violation is not wages per hour, but the average hourly wage across a workweek.