Digital Forensics for Fair Labor Standards Act (FLSA) Claims

Are you defending or pursuing a claim under the Fair Labor Standards Act? Computer forensics helps evaluate FLSA claims by quickly identifying key evidence in texts, emails, company documents, and more.

Exhausted employee in a cluttered office, symbolizing potential violations of the Fair Labor Standards Act (FLSA). Overflowing inboxes and crumpled papers hint at excessive workloads and unpaid overtime.
Is your office a late-night battleground for fair labor practices?

Our Forensics Reduce your FLSA Lawsuit Cost

In FLSA cases, you may have little time to gather evidence. In addition, you must ensure the process you use to collect and preserve the evidence is fully defensible. We work with you to make sure valuable evidence is found and not lost.

Computer and Smartphone Forensics

Once we’ve identified all sources of evidence, we forensically extract the text messages, documents, and more. You can imagine that quickly becomes an overwhelming amount of items to sort through. For your Fair Labor Standards Act claim, our forensics expert will work with you to develop a Discovery Protocol and apply effective culling strategies. This way we reduce the amount of data and by extension, your eDiscovery costs.

Importance of Smartphone Evidence to Litigation

For example, we focus the review on certain timeframes with begin and end-date filters, or to only those messages sent or received from certain people. In addition, our forensic analyst will also work with you to exclude other items, such as confidential information and privileged communications.

We can help you find the following type of evidence:

  • Who is Working For Less Than Minimum Wage
  • Whether Employees are Working Too Many Hours
  • Those Who Are Not Getting Paid For Their Work
Social Media Evidence PDF Reports

Real Case Example

An employer hires an employee for less than minimum wage. This is illegal under the FLSA. The employee, desperate for money, takes the job anyway. After the company fired him without cause, he decided to file a claim under FLSA for the illegally low pay. Digital forensics supported the employee’s claims under the Fair Labor Standards Act. For example:

  • Social media evidence revealed that many people worked for less than minimum wage at this company.
  • Phone records show the company is operating illegally out of the country.
  • Documents and emails proved this was a long-standing practice.
  • Emails supported the employee’s claims about being fired without cause.
Smartphone Evidence Report Won Case
Internet Browser History
GPS and Location Evidence

Text Message Example:

Jack:                      “I’m going to pay you $5 per hour for the work you did last week”

Roberto:              “That’s $3 less than agreed!”

Jack:                      “Doesn’t matter, take it or leave it”

Roberto:              “But I’ve already done all of the work!”

Learn more about the Fair Labor Standards Act here.