Employer Penalties for Violations of the Fair Labor Standards Act

by Joseph C. Maya on Jun. 21, 2017

Employment Employment  Labor Law 

Summary: A blog post about appropriate penalties for different violations of the Fair Labor Standards Act.

Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com

The Fair Labor Standards Act (FLSA), is administered by the Wage and Hour Division of the Department of Labor.  The FLSA establishes standards for minimum wages, overtime pay, record keeping, and child labor. These standards affect more than 130 million workers, both full‑time and part‑time, in the private and public sectors. (29 USC §201 et seq.; 29 CFR Parts 510 to 794).

Employer violations of the FLSA are addressed both swiftly and harshly by the Department of Labor, which utilizes a variety of remedies to enforce compliance with the employer’s requirements. When a Wage and Hour Division Investigator encounters violations by the employer of their responsibilities under the FLSA, they may recommend changes in employment practices to bring the employer into compliance, and request the payment of any back wages due to employees.

If an Investigator determines that any violations of the FLSA were willful by the employer, such violators may be fined up to $10,000.  A second determination may result in criminal prosecution and imprisonment.  Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to civil money penalties of up to $1,100 per violation.

If it is determined that an employer has violated the FLSA rules on child labor, employers may be subject to a civil money penalty of up to $11,000 per worker for each violation.  In addition, employers are subject to a civil money penalty of $50,000 for each violation that causes the death or serious injury of any minor employee – such penalty may be doubled, up to $100,000, if the violations were willful or repeated.

If an employer is assessed a civil money penalty, the employer has the right to file an exception to the determination within fifteen (15) days of receipt of the notice by the Department of Labor.  If an exception is filed, it is referred to an Administrative Law Judge for a hearing and determination as to whether the penalty is appropriate. If an exception is not filed, the penalty becomes final.

If you are an employer and are seeking compliance with the FLSA, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.


Source: dol.gov

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