Fair Labor Standards Act (FLSA) Enforcement Continues to Expand

Fair Labor Standards Act (FLSA) Enforcement Continues to Expand
With an increased budget for 2010, the U.S. Department of Labor (“DOL”)
continues to aggressively promote compliance with the FLSA.  According to the Office of Management and Budget (“OMB”), “With $13.3 billion for the Department of Labor, the President’s Fiscal Year 2010 Budget…allows the vigorous enforcement of laws that protect the wages, safety, and benefits of workers.”  The OMB also stated that the 2010 budget “enables labor law enforcement agencies to meet growing workloads.” 
An example of the DOL’s enforcement efforts occurred on February 22, 2010, when the DOL announced that it would conduct a “compliance initiative” on the New York health care industry, targeting compliance with the FLSA.  According to the DOL, “Less than 36 percent of health care employers investigated by the division’s Albany office during the last five years were in compliance with the FLSA. A total of $2,202,723 in back wages was found to be due to 4,702 employees, for an average of $468 per employee.”   
According to a former Administrator of the DOL’s Wage and Hour Division, some of the most common pitfalls that employers fall into with the FLSA involve employee mealtimes, improperly rounding employee time, pre and post-shift employee time, unrecorded work and employee travel time. Several of the attorneys at Whelchel, Dunlap, Jarrard & Walker, are experienced in representing various businesses in connection with labor and employment law issues. If you would like to discuss compliance with the FLSA or if your company is facing charges of violating the FLSA, the attorneys to contact at this firm are Madeline S. Wirt and Emily C. Bagwell. 
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This bulletin provides a general summary of recent legal developments. It is not intended to be and should not be relied upon as legal advice.