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The granting of a certificate under FLSA Section 14(c) is not automatic.
A certificate will be denied if the application is incomplete, contains false
statements or does not include the proper supporting documentation and
attestations.
If denied, the applicant will be advised in writing and told the reasons
for the denial as well as the right to petition for review under
29 CFR Part
525.18. An application to renew an existing certificate may be denied if it
is found that false statements were made or facts were misrepresented in
obtaining the certificate; any of the provisions of the FLSA, SCA, or the terms
of the certificate have been violated; or it is determined that the certificate
is no longer necessary to prevent the curtailment of employment opportunities
for workers with disabilities.
Except in cases of willfulness or those in which the public interest
requires otherwise, before an application for renewal is denied, facts or
conduct that may warrant such actions are called to the attention of the
employer in writing and the employer is afforded an opportunity to demonstrate
or achieve compliance with all legal requirements.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
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