Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) provides minimum wage, overtime, child labor, and record-keeping protections for employees.  These regulations are fairly straight forward, however, the FLSA contains a number of provisions that complicate the law, such as:

·      jurisdiction (coverage) issues

·      hours of work issues

·      executive, administrative, and professional exemption issues

·      transportation exemption issues (Motor Carrier Act)

·      employee/employer relationship issues(Misclassification/Independent Contractor)

·      regular rate computation issues

Not only is the US Department of Labor now more aggressive in conducting their own investigations, but now they are also interested in partnering with criminal agencies.  Also, private action suits have grown expeditiously over the past few years.  It is not just the back wages and liquidated damages that can be costly, but the high attorney fees and costs in private action suits, are many times the stumbling block to resolving these cases.

This is a good reason to undertake a proactive private and independent assessment of your firm’s compliance position.  This is a service I can provide fairly quickly and painlessly, and where any compliance issues can be rectified immediately.

Government Contracts

  • The Davis Bacon and Related Acts, DBRA, for federally financed or assisted construction contracts
  • The McNamara-O’Hara Service Contract Act, SCA, for federal service contracts
  • The Walsh-Healey Public Contract Act, PCA, for manufactured products for the federal government

All encompass government contract laws.  These laws require the payment of local prevailing wages and fringe benefits to laborers and mechanics employed by contractors and subcontractors on these federal contracts.

Violations of these laws can quickly amass large back wages when the prevailing wage rates are not being adhered to or job misclassification occurs.  Additionally, there can be serious legal implications for filing inaccurate Certified Payrolls to the federal government.

This is another good reason to undertake a proactive private and independent assessment of your firm’s compliance position regarding federal contract laws. 

Other Labor Laws

Other laws I am experienced with and can provide guidance on are the Trafficking Victims Protection Act, the Family Medical Leave Act, NYS Labor Laws, and the H-laws (H-1B, H-2B, H-2A).