S. Amir Kohan

The Fair Labor Standards Act (FLSA) – Enforcement

FLSA – Enforcement

Provisions of the FLSA are enforced by the U.S. Department of Labor’s Wage and Hour Division. With offices around the country, this agency is able to interact with employees on complaints and follow up with employers by making an on-site visit if necessary. If violations are found during an investigation, the agency has the authority to make recommendations for changes that would bring the employer into compliance. Retaliation against any employee for filing a complaint under the FLSA or in any other way availing
himself or herself of the legal rights it offers is subject to additional penalties. Willful violations may bring criminal prosecution and fines up to $10,000. Employers who are convicted a second time for willfully violating FLSA can find themselves in prison.

The Wage and Hour Division may, if it finds products produced during violations of the act, prevent an employer from shipping any of those goods. It may also “freeze” shipments of any product manufactured while overtime payment requirements were violated.

A 2-year limit applies to the recovery of back pay unless there was a willful violation, which triggers a 3-year liability. For more information, see www.dol.gov/whd/regs/statutes/FairLaborStandAct.pdf .

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