If your company has received a demand letter or a complaint alleging Fair Labor Standards Act (“FLSA”) violations, it needs to act quickly to protect itself and its rights.

• Institute a Litigation Hold: Once your business becomes aware that there is or may be a lawsuit against it, it has a duty to protect the relevant records. Failure to do so may lead to sanctions from the Court which could include the entry of a default judgment for the employee.
• Compile Timekeeping Records: It will come down to you, the employer, to ultimately produce records to show that there was no FLSA violation. Getting these records in order soon can cut down on litigation time and costs.
• Don’t Retaliate: If the person bringing the claim is still employed with you, do not fire, demote, or otherwise retaliate against him or her. This can result in additional claims and damages.
• Timely Respond: Ensure that you timely respond to all due dates. Failure to timely respond to the complaint can lead to a default judgment in favor of the employee.

Hire an Experienced Attorney
If the employee prevails in the lawsuit, the FLSA provides that the employer must pay for the employee’s attorney fees. So, if you are thinking of saving money by not hiring an attorney, you may end up paying for one anyway—the employee’s. FLSA litigation can be complex, involving not just the statute, but rules from the Department of Labor and case law. Navigating through FLSA litigation requires an attorney who understands these details and will vigorously defend your business against these claims. At Smith & Associates, we understand employment litigation and are committed to providing you with the quality representation you deserve.

At Smith & Associates, we provide all aspects of Employment Related Legal Representation to Employers including:Compliance Review, Litigation, Appeals, Employment Contracts,Handbook and Policy Drafting, and Unemployment Appeals. If you need held with employment related law issues, contact us for a free consultation.