WV man sues former employer over FLSA violations

A former employee at a technology company in West Virginia has filed suit against his previous employer, alleging time and attendance violations and the infliction of emotional distress.

The lawsuit centers around the employee's dismissal following a medical situation where the worker felt dizzy and fainted while on duty, according to legal news source the West Virginia Record. A supervisor recommended that the man use time off to determine the source of the episode, but the man was terminated soon afterward.

Besides the issue of possible wrongful termination, the plaintiff claimed a wide variety of wage and hours violations in the suit. He alleged that the company did not follow the Fair Labor Standards Act by withholding final wages, incorrectly treating him as a salaried employee, therefore not paying him earned overtime. The suit also includes violations of state laws involving human rights and wage payment.

While there are many exemptions for employees from hourly wages and overtime pay, stringent requirements must be met for those exceptions to apply. Common exemptions include those for administrative, professional, executive, outside sales and computer employees, according to the FLSA.

Proper employee tracking and record keeping, along with clear documentation and communication with employees, will help avoid questions of pay exemptions and overtime concerns.


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