The complexities of the FLSA
In a recent webinar for M. Lee Smith Publishers, McAfee & Taft employment law and labor relations attorney Charles S. Plumb offered insight into the intricacies of the Fair Labor Standards Act.
According to Plumb, the FLSA - which establishes minimum wage, overtime pay, recordkeeping and youth employment standards with regard to private sector and government employees - is so complex that good-faith mistakes and misinterpretations on the part of employers still occur with regularity.
This is partly due to the complicated language used in the legislation, as well as the extensive Department of Labor interpretive regulations and a plethora of court interpretations that must also be taken into account.
Disputes over wages, overtime pay and time and attendance records typically either arise from a complaint being registered with the Department of Labor or the selection of an employer for a random audit, Plumb said.
Claims can be filed with the DOL's Wage & Hour division, which may then sue an employer on a worker's behalf. Some employees choose to hire an attorney themselves rather than going through the agency.
In an effort to reduce the number of FLSA violations, the DOL recently launched a time and attendance software application for smartphones, which employees can use to track their work hours, break periods and overtime.
According to Plumb, the FLSA - which establishes minimum wage, overtime pay, recordkeeping and youth employment standards with regard to private sector and government employees - is so complex that good-faith mistakes and misinterpretations on the part of employers still occur with regularity.
This is partly due to the complicated language used in the legislation, as well as the extensive Department of Labor interpretive regulations and a plethora of court interpretations that must also be taken into account.
Disputes over wages, overtime pay and time and attendance records typically either arise from a complaint being registered with the Department of Labor or the selection of an employer for a random audit, Plumb said.
Claims can be filed with the DOL's Wage & Hour division, which may then sue an employer on a worker's behalf. Some employees choose to hire an attorney themselves rather than going through the agency.
In an effort to reduce the number of FLSA violations, the DOL recently launched a time and attendance software application for smartphones, which employees can use to track their work hours, break periods and overtime.
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