Wage & Hour Litigation

Wage and Hour Litigation under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) requires most private and public employers to pay their covered employees the federal minimum wage as well as the federal overtime premium if an employee works more than 40 hours in a work week.

Generally, employers must pay their employees: 


  • At least the $7.25 per hour federal minimum wage; and
  • Statutory overtime premium (1.5 times the regular rate) for all time over 40 hours worked in a week.


For employees who work primarily for tips (i.e., waiters, servers, etc.), employers are required to pay a base cash wage of at least $2.13 per hour.  If the employee’s combined base cash wage and tips don’t equal the federal minimum wage of $7.25 per hour, the employer must pay workers the difference.

Some employers try to evade the FLSA by either paying employees a fixed salary, assigning them a managerial title, designating them independent contractors or unlawfully paying undocumented workers less than the federal minimum wage.

DCBF enforces the rights of employees.  Since 2010, we have recovered over a million dollars of  back wages, overtime pay and liquidated damages in more than ninety different FLSA cases.

We can recover the wages that you have EARNED
and are OWED under the law.