FLSA or the Fair Labor Standards Act, provides benefits to covered employees and so employers must understand FLSA in total to ensure compliance with FLSA. Among the most important things to understand is who may be an employer. Under FLSA, an individual, partnership, corporation, and virtually every form of entity may be an employer. An individual can also be an employer.
An employer must provide covered workers with certain benefits that undoubtedly include minimum wage, overtime pay, and other protections. There are exemptions that employers may apply, but those exemptions vary, and some exemptions are specific to certain industries. Employers often run afoul of FLSA by the way they classify workers. An employer may classify a worker as an independent contractor when in fact that worker should be classified as an employee. Our firm has represented employers in all aspects of FLSA disputes, ranging from advising employers on how to classify workers to representing employers in audits and in arbitration, where there is a valid waiver by the employee.