|- FLSA Section 14(c) Advisor|
FLSA Section 14(c) Certification Team Reviews
All applications for certificates under FLSA Section 14(c), including renewal applications, are processed by the FLSA Section 14(c) Certification Team located in the Midwest Regional Wage and Hour Division Office located in Chicago. Part of this process includes thorough review to ensure accuracy and completeness, and that the employer understands and is in compliance with the requirements of FLSA Section 14(c).
The Wage and Hour Division has found that the certification review process is a very effective way of increasing employer knowledge of and compliance with the provisions of FLSA Section 14(c).
The reviews conducted by Certification Team often require that employers be contacted to clarify their applications or to provide additional information. Such contacts are normally made by telephone in order to avoid delays in the issuing of certificates. Occasionally, the reviews will disclose errors in the computation of commensurate wages that the employer will be requested to research and correct. If a back wage liability has been incurred, the employer will be requested to correct the practice(s) that led to the liability, compute and pay the back wages to the affected employees, and submit documentation that the corrections and payments have been made. The certificate will then be issued.
Because the reviews conducted by the Certification Team involve only a limited amount of information and documentation, employers should never consider the certificates to constitute a statement of compliance by the Wage and Hour Division. Issuance of a certificate will not convey a good faith defense to employers should violations of the FLSA, the McNamara-OHara Service Contract Act (SCA), and/or the Walsh-Healey Public Contracts Act (PCA) occur, as certificates may be revoked retroactively as of the date of the violation(s). In the past, some employers have mistakenly thought that because the Wage and Hour Division had issued them a certificate, the Wage and Hour Division was acknowledging their compliance. In order to avoid future misunderstandings, certificates are now issued with such a disclaimer.
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