What Administrative Body May Impose Remedies For A Violation Of The Fair Labor Standards Act?

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What Administrative Body May Impose Remedies For A Violation Of The Fair Labor Standards Act?

With the exception of certain federal employees, the administration and enforcement of the FLSA is the responsibility of the Department of Labor’s Wage and Hour Division of the Employment Standards Administration (ESA). The FLSA can be enforced by private employee lawsuits or by actions taken by the Department of Labor. The Department of Labor can also seek injunctive relief. Should an employer lose a case in court, employees generally collect back pay and liquidated damages in the amount of back pay (double damages). Attorney fees are also recoverable. Ignorance of the law is no defense for employers. There is a two-year statute of limitations. There is a three-year limit if a willful violation.

Other Wages and Hours FAQs

Q: What Does The Fair Labor Standards Act Govern?
A: The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards.
Q: What Is The Minimum Wage?
A: In May 2007, Federal minimum wage was increased to $7.25 per hour, but will be implemented in three stages ($5.85 by July 24, 2007, $6.55 by July 24, 2008 and $7.25 by … More
Q: How Many Hours Is Full-Time Employment? How Many Hours Is Part-Time Employment?
A: This is a matter generally determined by an employer. Many people mistakenly believe that full-time employment consists of 40 hours per week. However, the … More
Q: When Is Overtime Pay Due?
A: For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of … More
Q: When Must Break And Meal Periods Be Given?
A: The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does … More
Q: Is The Employer Required To Keep A Copy Of My Pay Stubs?
A: The FLSA does require that employers keep accurate records of hours worked and wages paid to employees. However, the FLSA does not require an employer to provide … More
Q: What Notices Must Be Given Before An Employee Is Terminated Or Laid Off?
A: The FLSA has no requirement for notice to an employee prior to termination or lay-off. In some situations, the WARN Act provides for notice to workers prior to … More