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FLSA and SCA consultation
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Wage and Hour Division investigation assistance
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Employer self-audit coordination
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Compliance evaluation
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Second-opinion services
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Litigation support (consulting expert)
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FLSA overtime calculation issues, exemption determinations, contract labor and other employment relationship quandaries, and child labor concerns
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Service Contract Act wages, fringe benefits, and owner-operator difficulties
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Morris Jennings
FLSA Consultant
Former DOL Wage and Hour Division Enforcement Officer
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Clients in all areas of the United States are efficiently and effectively assisted through
- Telephone conferences
- E-Mail correspondence
- Examination of records and documents received via fax, mail, or as e-mail attachments
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A review of employer practices and policies may detect violations, questionable exemption determinations, or dubious methods of compensation. Achieving compliance causes the accrual of back wages to cease. Avoiding close questions reduces the probability of a DOL investigation or a collective-action suit by plaintiffs.
If an employer elects to voluntarily restore back pay, Morris can compute the unpaid wages or provide guidance.
An issue with many employers is loss of the opportunity to claim the "motor carrier" exemption. The rules have definitely changed. Section 13(b)(1) is an FLSA overtime exemption that has traditionally applied very broadly. In many respects, that is still the case. However, DOL is now enforcing very rigid limitations against certain types of nonexempt work, meaning that employees are being determined by DOL to be subject to the overtime standards. This obviously results in a back wage liability. Any employer who is operating under the assumption that FLSA Section 13(b)(1) exemption applies to safety-affecting employees should promptly become very familiar with the current exemption requirements and DOL enforcement policies. This is not only a problem for employers in the event that they are investigated by DOL; vulnerability to employee suits is great when there are doubts about the application of this exemption.
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Investigation or Other Enforcement Action by the Wage and Hour Division
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You have been advised by DOL that your firm, organization, or public agency will be investigated to determine compliance with the Wage and Hour Division laws. What should you do now? Get expert help right away. These laws are extremely complex, and an employer needs someone "in his or her corner" who is as knowledgeable as is the investigator.
Even if the investigation has already begun, or it has been completed but you have not yet paid back wages, consultation will be helpful. While it is to your advantage that an experienced and competent Wage and Hour expert is involved early in the investigation process, obtaining assistance during or subsequent to the investigation is nevertheless beneficial to you.
For additional information regarding enforcement, please see DOL Investigations
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