Burden of Proof: What It Means For You

 Posted on June 22,2013 in Uncategorized

If an employee brings forth a charge against their employer, the burden of proof is on the employer to show that they did not violate the Fair Labor Standards Act. The the Fair Labor Standards Act, which sets the guidelines for record keeping, child labor standards, overtime pay, and minimum wages for employees.

Employees must demonstrate that the FLSA applies to their case when filing a suit against you. Since this is a complex law, having an Illinois employment law attorney on retainer can reduce your headaches and help you understand your responsibilities more clearly. The employee must be able to prove that there was an employer-employee relationship as articulated under the FLSA. Independent contractors, personal staff, and volunteers are not included in this official classification. There are also additional exemptions under the law including agricultural laborers, white-collar employees, and seasonal recreation or amusement employees.

Even if an exemption is not available to the employer, or he or she is not eligible to demonstrate such an exemption, there are several defenses that have proven to be successful. These include the good faith defense, in which the employer was complying with a written order or rule articulated by the Wage and Hour division of the Department of Labor, expiration of the statute of limitations, and proof that the employee agreed to waive his or her rights to sue after the employer agreed to comply with the FLSA. Your attorney can inform you about your defense options if the case proceeds to this point.

Having a case brought forth by an employee or former employee can be stressful and unwelcome. Knowing what you are responsible for and how to proceed is advice that you should only accept from an attorney or team of lawyers. To learn more about your rights and to have your case completely evaluated, contact our office today.