FLSA Lawyer Virginia: Protecting Your Rights at Law Offices of SRIS, P.C.
Article last updated: November 2025
That sinking feeling when you realize you’ve been misclassified, underpaid, or denied overtime – it’s terrifying. The Fair Labor Standards Act (FLSA) violations can feel overwhelming, leaving you stressed, confused, and unsure of your next step. Blunt Truth: It’s a complex area of law, and facing it alone can be incredibly daunting. Counsel at Law Offices of SRIS, P.C. understands this completely. Mr. Sris and our team are dedicated to helping Virginia employees who have been wronged under the FLSA. The first and most important step is securing knowledgeable legal assistance. A thorough investigation into your situation is crucial. Law Offices of SRIS, P.C. has locations in Richmond and Virginia Beach, and we’re prepared to advocate for your rights and ensure you receive the compensation you deserve. Past results do not predict future outcomes.
Being accused of violating the Fair Labor Standards Act (FLSA) can feel overwhelming. It’s vital to know exactly what you’re facing in Virginia. The FLSA, enforced by the U.S. Department of Labor, aims to protect workers from wage and hour violations. In Virginia, this primarily revolves around ensuring employers pay minimum wage, overtime pay, and comply with child labor laws.
Common charges you might encounter include unpaid overtime, minimum wage disputes, and violations of Virginia’s wage and hour laws. These often stem from misclassifying employees as independent contractors, failing to accurately track hours worked, or not properly compensating for work beyond 40 hours per week. A key element is proving that you were *entitled* to these wages – not just that they were owed.
Virginia’s Department of Labor and Industry investigates these claims. They’ll look at your employment agreement, pay stubs, and other documentation to determine if a violation occurred. The specific charges can vary based on the details of your situation. Mr. Sris and the team at Law Offices of SRIS, P.C. have a deep understanding of these regulations and will thoroughly assess your case.
Blunt Truth: Don’t assume you automatically know what the charges are. Getting a confidential case review is the first step to clarifying your situation.
The legal process following an FLSA accusation in Virginia can seem complex, but understanding the stages helps. It typically begins with an investigation by the Virginia Department of Labor and Industry.
- Arrest/Investigation Initiation: Often, an investigation begins after a complaint is filed by the Department of Labor. Sometimes, an employer self-reports a potential violation.
- Arraignment: If there’s sufficient evidence, you might be formally charged. This is your first court appearance.
- Preliminary Hearing: This hearing determines if there’s enough evidence to proceed to trial. The judge will consider the evidence presented by both sides.
- Discovery: This is the information-gathering phase. Both sides exchange documents and information.
- Trial: If the case isn’t settled, it moves to trial where evidence is presented and a judge or jury makes a decision.
- Settlement: Many cases are resolved through settlement negotiations.
Counsel at Law Offices of SRIS, P.C. will guide you through each step, ensuring you understand your rights and options.
Successfully defending an FLSA claim requires a strategic approach. Several defenses can be employed, depending on the circumstances. Here are some common strategies:
- Independent Contractor Status: Proving you were legitimately classified as an independent contractor, not an employee. This involves demonstrating control over your work, finances, and how you perform it.
- Valid Employment Agreement: Presenting an employment agreement that outlines your pay rate, hours, and other terms of employment.
- Lack of Entitlement to Overtime: Arguing that you weren’t required to work beyond 40 hours per week or weren’t eligible for overtime pay under the terms of your agreement.
- Proper Timekeeping: Demonstrating that you accurately tracked your hours worked.
- Mitigation of Damages: Showing that you took reasonable steps to recover unpaid wages.
Mr. Sris and the team are experienced in building strong defenses in these types of cases.
Facing a conviction for FLSA violations can have significant repercussions. The exact consequences depend on the severity of the violation and the judge’s discretion.
Fines and Penalties: The Department of Labor can impose substantial fines, often calculated as a multiple of the unpaid wages. These penalties can quickly add up.
Restitution: You may be ordered to pay back the unpaid wages, plus interest and potentially attorney’s fees.
Registry: In certain cases, particularly those involving child labor violations, a conviction could lead to your name being added to a public registry, impacting future employment opportunities.
Criminal Record: While FLSA violations are typically civil offenses, a conviction could still result in a criminal record, which can create barriers to employment and other areas of life. Past results do not predict future outcomes.
Blunt Truth: Understanding the potential consequences is crucial for making informed decisions throughout the legal process. Law Offices of SRIS, P.C. will provide clear and honest advice about the potential ramifications of a conviction.
Common Defenses Against Wage and Hour Claims
Many employers attempt to defend against wage and hour claims by arguing that their employees were properly paid, that timekeeping systems were accurate, or that the employee failed to meet certain performance standards. However, these defenses are not always successful, and employers should consult with an experienced FLSA lawyer to assess their specific situation.
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FLSA Lawyer Virginia Case Results
While every case is unique and past results do not guarantee future outcomes, here are some examples of our work representing clients in Virginia traffic matters. These cases demonstrate our experience in Handling local court systems and advocating for our clients’ rights. These summaries represent cases handled through the General District Court system in Virginia. The information provided is for illustrative purposes only and should not be considered a guarantee of any specific outcome.
- 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
- I’m not sure if my employer is following the FLSA rules. Where do I even begin?
It’s completely understandable to feel lost when you’re unsure about wage laws. Mr. Sris and our team at Law Offices of SRIS, P.C. can help you understand your rights. We’ll start with a confidential case review to assess the situation and outline the next steps.”
},
{ - What exactly does ‘exempt’ mean in the context of overtime pay?
The term ‘exempt’ refers to certain types of jobs that aren’t covered by overtime pay. Mr. Sris and our team at Law Offices of SRIS, P.C. can clarify which roles are protected and whether your classification is accurate. This ensures you receive the compensation you deserve.”
},
{ - How long do I have to file a claim for unpaid overtime?
There are strict deadlines for filing FLSA claims, and missing them can severely limit your options. Mr. Sris and our team at Law Offices of SRIS, P.C. will advise you on the relevant statutes of limitations, ensuring you act promptly to protect your legal rights.”
},
{ - If my employer says I’m exempt, can they still force me to work overtime?
While an exempt employee can be required to work overtime, it doesn’t negate their obligation to pay you overtime wages. Mr. Sris and our team at Law Offices of SRIS, P.C. will assess if your employer’s actions violate the FLSA, even with your exempt status.”
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