Wage and Hour Consulting Services

OTHER LAWS

ENFORCED by the

The DOL Wage and Hour Division has enforcement and/or administration authority with regard to the statutes and programs shown below. However, Morris does not offer consultation concerning these laws. 

 

Nonimmigrant Foreign Temporary Agricultural Workers
See H-2A

Family and Medical Leave Act (FMLA)

A covered employer is required to permit an eligible employee to be absent from work without any adverse effect on the employee's job or status, if the absence is because of a reason specified in the Act. In many instances, even partial-day absences qualify as FMLA protected. The amended statute and revised regulations are extremely complex. Violations can be very costly; the employer may be required to reinstate the employee and reimburse lost wages and benefits (plus medical expenses resulting from loss of insurance, and/or other damages). Considerable time and expense is required of an employer in order to resolve alleged violations of the Family and Medical Leave Act. It is advantageous to correct deficient practices before they lead to serious consequences. See http://www.dol.gov/compliance/laws/comp-fmla.htm

Employee Polygraph Protection Act (EPPA)

In connection with employment, this law prohibits the use of electrical or electromechanical lie detectors other than a polygraph. Use of a polygraph is very restricted. Most non-government employers are subject to this law. There are some exemptions, most of which are coupled with specific rules which must be followed in order for the exemption to apply. Even the mere suggestion that an employee take a polygraph examination, unless an exemption applies, can result in a substantial civil money penalty assessment against the employer. Loss of an employee's job (if the law has been violated) greatly increases the civil money penalty assessment, and the employee is owed reinstatement to his or her job and restitution of any losses. The EPPA does not apply to public agencies.

Administered by the Wage and Hour Division and the Employment and Training Administration

H-2B: If you are authorized under the H-2B program to utilize nonimmigrant foreign temporary nonagricultural workers, the "H-2A/H-2B" page will be of interest (it discusses your responsibilities under FLSA and - if you perform federal service contract work - the Service Contract Act). See http://www.dol.gov/esa/whd/immigration/h2b.htm

State Laws Concerning Minimum Wage, Overtime, Payment of Wages, and Child Labor

Complying with FLSA will decrease the probability of difficulties with your state's employment-law enforcement agency (because of the similarity of state/federal provisions). However, it is essential that an employer be very aware of the requirements of state laws, as there are often obligations that are supplemental to FLSA.

Because of the similarity of state and federal labor standards, plaintiffs' attorneys often file suit under both FLSA and the applicable state law. Some state laws include a statute of limitations that is more favorable to plaintiffs, and those laws typically offer class action as a means of pursuing litigation (FLSA permits collective-action suits, which are not as advantageous to plaintiffs' attorneys as class-action litigation).