Question 1

Am I entitled to overtime if I am paid a salary?

Accepted Answer

Being paid a salary does not by itself make you exempt from overtime. Exemption depends on specific salary and duties tests — what you actually do, not just how you are paid. Many salaried workers are legally non-exempt and owed overtime despite being labeled exempt.

Question 2

How long do I have to bring an unpaid-overtime claim?

Accepted Answer

The FLSA generally provides a two-year look-back period, extended to three years if the violation was willful. Every week that passes is potentially a week of damages that falls off the end of the claim — so do not delay an evaluation.

Question 3

Will my employer retaliate if I ask about my pay?

Accepted Answer

Retaliation against an employee for asserting wage rights is itself a violation of the FLSA, and a retaliation claim carries its own damages. Document any change in treatment after you raise a concern.

Question 4

I am classified as an independent contractor. Does the FLSA protect me?

Accepted Answer

Possibly. The FLSA protects employees, and contractor status turns on the actual relationship, not the label. Factors include who controls the work, who provides the tools, and whether the relationship is long-term. Misclassification is a common violation.

Question 5

I am called a manager. Does that mean I am exempt?

Accepted Answer

Not automatically. The executive exemption generally requires that managing the business be your primary duty, that you regularly direct at least two full-time employees, and that you have real authority over hiring and firing. A title alone does not make a position exempt.

Question 6

What does it cost a worker to bring a claim?

Accepted Answer

Most worker-side FLSA matters are handled on a contingency or hybrid arrangement — the fee comes out of the recovery, or the employer pays it under the law's fee-shifting provision. Specific terms are set in writing before any work begins.

Question 7

Can the firm represent my company on defense if it has represented a worker against a different company?

Accepted Answer

Yes — subject to a conflict check. Different cases, different parties. The firm does not represent both sides of the same dispute, but representing a worker against one company does not prevent representing a different company in a different matter.

Question 8

What is the fluctuating-workweek method?

Accepted Answer

It is a way to pay salaried non-exempt employees whose hours vary, using a fixed salary plus a half-time overtime premium. It has strict requirements that employers frequently fail to meet — and when the requirements are not met, the method does not apply and full time-and-a-half is owed.

Question 9

What should an employer do first after a wage claim or DOL audit?

Accepted Answer

Act quickly and get counsel involved under privilege. The first thirty days often shape the outcome. Early case assessment, document preservation, and a clear response strategy meaningfully affect both litigation and audit outcomes.