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

Denial of Applications for Certification Under
FLSA Section 14(c)

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.

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