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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 Fair Labor Standards Act (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 two­year statute of limitations. There is a three­year limit if a willful violation.

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