Under the Fair Labor Standards Act, workers only are qualified for overtime compensation when they work in excess of 40 hours in a workweek. In contrast, some state laws require employers in the state to compensate workers overtime for working in excess of 8 hours in one day in addition to working in excess of 40 hours in one week. Additionally, some states implement other harsh laws that are not included in the Fair Labor Standards Act. For example, labor regulation breaks are valid laws in some states, but not under federal overtime regulations. Also, workers in some states are required to reimburse workers for all work-related company expenses, but this is not so under the FLSA. While ERISA mandates some vacation compensation policies under federal regulations, certain state laws are much more strict when it comes to vacation compensation policies.
The Fair Labor Standards Act states that civil actions must be commenced by workers within two years of the violations, except when the FLSA violations are unruly, in which case the worker has three years to file a case seeking compensation and penalties under federal overtime laws.
Did you know?
The word "unruly" for purposes of federal overtime regulations has not been given a definite meaning, but it is usually accepted that it refers to company conduct that is not simply reckless.
The standard of willfulness-- that the company either realized or displayed negligent disregard.