How to Fix the FLSA for Both Employees and EmployersLaw360 January 13, 2015
Michael S. Kun, Member of the Firm in the Labor and Employment practice, in the firm's Los Angeles office, authored an article in Law360, titled “How to Fix the FLSA for Both Employees and Employers.” (Read the full version — subscription required.)
Following is an excerpt:
If employees believe they have been harassed, they can take their concerns to their employer and let their employer investigate and take corrective action, if appropriate.
If employees believe they have been discriminated against, they can share their concerns with their employer and resolve their disputes.
And if part of the resolution is a payment of some sum that the employer and employee agree to be fair, they can enter into a settlement agreement whereby those claims are resolved. That is, the employee can accept some agreed upon sum of money and sign a release. And the employee can review the settlement agreement with his or her attorney beforehand in deciding whether the terms are fair. If not, the employee won’t sign it.
But these very same employees who are able to amicably resolve virtually any dispute with their employers are not allowed to do so with FLSA claims.
If employees believe they were not paid for all the time they worked, they cannot simply speak with their managers or human resources personnel to resolve the issue, get the problem fixed and move on. No, the only way they can resolve the issue is to file a lawsuit or a complaint with the DOL.
If employees believe their overtime pay was miscalculated, the only way they can resolve the claim is by suing or going to the DOL.
See also Mr. Kun's post on the Wage & Hour Defense Blog, "A Simple Proposal to Amend the FLSA to Benefit Everyone – Yes, Everyone."