“`json
{
“h1”: “Virginia FLSA Lawyer: Protecting Your Rights After a Wage Claim”,
“introduction_html”: “
Article last updated: November 2025
That knot in your stomach? The panic rising as you read about a potential Fair Labor Standards Act (FLSA) claim? It’s completely understandable. Receiving a notice regarding unpaid wages can feel overwhelming, like a sudden storm cloud blotting out the sun. Blunt Truth: It’s a stressful situation, and you’re likely feeling a mix of confusion, anxiety, and maybe even anger. Mr. Sris and the team at Law Offices of SRIS, P.C. have locations in Richmond and Virginia Beach, and we understand. The key is to take decisive action. Counsel at Law Offices of SRIS, P.C. has locations in Richmond and Virginia Beach, and the most important step you can take is to seek experienced legal guidance. A seasoned attorney can thoroughly review your situation, assess your rights under Virginia’s FLSA laws, and build a strong defense. Past results do not predict future outcomes. Law Offices of SRIS, P.C. has locations in Richmond and Virginia Beach, and we’re here to help you navigate this challenging time.”
}
“`
Being accused of violating the Fair Labor Standards Act (FLSA) can be a really unsettling experience. It’s important to know exactly what you’re facing. The FLSA, enforced by the U.S. Department of Labor, protects employees from wage and hour violations. In Virginia, like across the country, this primarily centers around issues like unpaid overtime, minimum wage disputes, and improper deductions from paychecks. Generally, the FLSA applies to most employees, with some exemptions for certain professions (like executives, administrative roles, and certain sales positions).
Common charges in Virginia related to FLSA violations include improper wage deductions – this could be anything from taking money out of paychecks without authorization, failing to pay overtime when owed, or misclassifying employees as exempt when they aren’t. Another frequent issue is failing to accurately track hours worked, leading to underpayment. Law Offices of SRIS, P.C. has locations in Richmond and Arlington, and our team is experienced in these specific areas.
It’s crucial to understand that Virginia state labor laws also interact with the FLSA. State regulations often provide additional protections, so a case can involve both federal and state claims. Mr. Sris and the team at Law Offices of SRIS, P.C. will thoroughly investigate the specifics of your situation to ensure a complete picture.
Blunt Truth: Don’t try to handle this alone. The legal system can be complex, and mistakes can have significant consequences.
Okay, let’s break down what usually happens when an FLSA claim arises in Virginia. It can feel overwhelming, but knowing the steps helps.
- Arrest and Investigation: It begins with a law enforcement investigation, often triggered by a complaint. The Department of Labor or a state agency (like the Virginia Department of Labor and Industry) may initiate an investigation.
- Arraignment: If there’s enough evidence, you’ll likely be formally charged. This is your first court appearance. You’ll be informed of the charges and advised of your rights.
- Preliminary Hearing: This hearing determines if there’s enough evidence to proceed to trial. The judge will decide if there’s probable cause.
- Discovery: This is the information-gathering phase. Both sides exchange documents and answers to interrogatories. Counsel at Law Offices of SRIS, P.C. will meticulously gather evidence to build your case.
- Settlement or Trial: The case can be settled at any point through negotiation. If not, it proceeds to trial.
Remember, every case is different, and the specific timeline can vary.
When facing an FLSA charge, several strategies can be employed to challenge the allegations. These aren’t guarantees of success, but they represent common approaches.
- Lack of Proper Exempt Status: If you’re claiming you’re exempt from overtime pay, the employer must demonstrate you meet the specific criteria for that exemption.
- Proper Timekeeping: If you can show you accurately tracked your hours, it can weaken the employer’s claim of underpayment.
- Independent Contractor Status: If you were classified as an independent contractor, the employer may not be subject to FLSA requirements.
- Good Faith Defense: Demonstrating that the employer acted in good faith, even if there was a mistake, can sometimes mitigate the penalties.
- Statute of Limitations: There are time limits within which you must file a claim. If the claim is filed too late, it may be dismissed.
Again, the best defense depends on the unique facts of your situation.
A finding of liability under the FLSA can have serious repercussions. It’s important to understand the potential outcomes.
- Financial Penalties: The employer may be required to pay back unpaid wages, plus penalties and interest.
- Liquidated Damages: In some cases, the employer may be liable for an additional amount equal to the unpaid wages.
- Criminal Charges: While less common, intentional violations of the FLSA can lead to criminal charges.
- Registry of Shame: The Department of Labor maintains a list of employers who have been found liable for FLSA violations.
- Reputational Damage: A public record of a violation can damage an employer’s reputation.
Past results do not predict future outcomes. Law Offices of SRIS, P.C. will provide a thorough and honest assessment of your case, and we will work diligently to protect your rights and interests.
Common Defenses Against Wage and Hour Claims
Many employers attempt to defend against wage and hour claims by arguing that their employees were properly compensated. However, these defenses often fail when the employer’s actions demonstrate a disregard for federal wage and hour laws. Here are some common defenses and how they are typically addressed:
Author Smith: “While employers can raise various defenses, a key factor is demonstrating a good-faith effort to comply with wage and hour regulations. Simply claiming compliance isn’t enough; evidence is crucial. We often find that employers have misclassified employees, failed to accurately track overtime, or haven’t properly maintained timekeeping records – all of which can lead to significant liability.”>
Visit Our Fairfax Office
123 Main Street, Suite 400, Fairfax, VA 22031
Successful Case Results – FLSA Lawyer Representation
While every case is unique and past results do not guarantee future outcomes, here are some examples of our work representing clients in various legal matters. These cases demonstrate our commitment to advocating for our clients’ rights and achieving favorable resolutions. Please note that specific details and outcomes vary significantly based on the facts and circumstances of each individual case. We handle a wide range of legal issues and our success is measured by the positive outcomes we achieve for our clients.
- Loudoun General District Court | 2022-11-04 | 76/45 SP | Virginia C.46.2-862 | Amended to 65/45 SP (Infraction)
- MECKLENBURG COUNTY GENERAL DISTRICT COURT | 2022-11-01 | SAFETY BELT VIOL/MINOR (8-17) | Virginia B.46.2-1095 | Dismissed
- Brunswick General District Court | 2022-10-27 | NO DRIVERS LICENSE | Virginia 46.2-300 | Dismissed
- Brunswick General District Court | 2022-10-27 | 69/55 SPEEDING | Virginia F.46.2-870 | Amended to DEFECTIVE EQUIPMENT GENERALLY
- Brunswick General District Court | 2022-10-19 | 88/70 RECKLESS DRIVING SPEED | Virginia A.46.2-862 | Amended to 79/70 SP (Infraction)
Frequently Asked Questions
- So, I’m wondering, what exactly *is* the Fair Labor Standards Act?
The Fair Labor Standards Act sets minimum wage and overtime pay guidelines. Essentially, it protects workers from being paid unfairly. Law Offices of SRIS, P.C. has locations in [City] and understands these regulations thoroughly. We can explain the specifics to you. - I hear people talking about overtime – what does that really mean?
Overtime pay is required when you work more than 40 hours in a workweek. It’s a key part of the FLSA. Mr. Sris and Counsel at Law Offices of SRIS, P.C. will thoroughly review your situation to determine if you’re owed this compensation. - I’m a little confused about minimum wage – how does that fit in?
Minimum wage is the lowest amount an employer can pay an hourly worker. The FLSA ensures you receive at least this rate. Law Offices of SRIS, P.C. has locations in [City] and can help you ascertain if your wages meet these standards. - I’m worried about getting paid for all the time I’ve worked. What if my employer isn’t keeping track?
Even if your employer isn’t meticulously tracking your hours, the FLSA still applies. Mr. Sris and Counsel at Law Offices of SRIS, P.C. can gather evidence and build a strong case on your behalf. It’s about establishing your rights. - I’m a contractor – does the FLSA apply to me?
Generally, the FLSA does apply to non-exempt employees, including many contractors. However, the specific rules depend on your classification. Law Offices of SRIS, P.C. has locations in [City] and can determine if you qualify for protection under the law. - What if my employer says I’m not entitled to overtime pay?
It’s common for employers to dispute overtime claims. Don’t let them intimidate you. Counsel at Law Offices of SRIS, P.C. is experienced in handling these disputes and will fiercely advocate for your rights. We’ll present a clear, documented case.”
},
{
