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elaws - employment laws assistance for workers and small businesses - FLSA Section 14(c) Advisor

Processing Applications for Certification Under
FLSA Section 14(c)

Wage and Hour Division Wage Specialists review each application for completeness, accuracy and compliance with the provisions of the Fair Labor Standards Act (FLSA), including Section 14(c) and other statues administered by the Wage and Hour Division, including the Walsh-Healey Public Contracts Act (PCA) and the McNamara-O'Hara Service Contract Act (SCA) where applicable.

Once these criteria have been met, the certificate will be issued and mailed to the applicant. In an effort to expedite issuance of the certificate, the reviewing Wage Specialist frequently will contact an applicant by telephone for clarification or to request required supporting documentation. All submitted materials are reviewed to ensure each applicant understands the requirements of FLSA Section 14(c) and has achieved and maintained compliance with the provisions of the FLSA. Occasionally, based on the information provided on the application, the Wage Specialists will identify violations and supervise the payment of back wages due workers with disabilities.

It is important to remember that the Wage and Hour Division Wage Specialists only review the application and the supporting documentation submitted with the application. Issuance of a certificate is not a statement by the Wage and Hour Division that the employer is in compliance with the provisions of the applicable Acts and does not provide the employer with a good faith defense should violations later be found.

To expedite the certification process, employers should:

  • Designate an individual within their organization who understands both the certification and compliance principles of FLSA Section 14(c) to oversee the completion and submission of the application.
  • Submit a complete, accurate and timely application that includes all the required supporting documentation.
  • Communicate with the Wage and Hour Division FLSA Section 14(c) Certification Team as needed before, during and after the submission of the application.
  • Communicate with their local Wage and Hour Division Office concerning interpretations of the regulations and enforcement (non-certification) issues.

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FLSA Section 14(c) Advisor | Wage and Hour Division