Wage and Hour Division (WHD)
Section 64h05: Petition for Review
- Any employee paid a SMW (or his or her parent or guardian) may petition the Secretary of Labor, under section 14(c)(5) of the FLSA, to have the SMW reviewed to determine if the wage is justified. Upon receipt of the petition, it shall be forwarded promptly to the Child Labor and Special Employment Team, NO/OEP. The NO will then promptly forward the document to the SOL who will contact the Chief Administrative Law Judge (ALJ) who will schedule a hearing to determine the validity of the SMW. In all matters relating to the propriety of a SMW, the burden of proof rests with the employer (see Regulations 29 CFR Part 525.22).
- Although the petition does not have to follow a particular format or form, it must be signed by the individual (or his or her parent or guardian) and should contain the name and address of the individual filing the petition, and the name and address of his or her employer. A petition may be filed in person or by mail with the Administrator of the Wage and Hour Division, ESA, USDOL, Room S3510, 200 Constitution Avenue NW, Washington, D.C., 20210.
- When a DO receives a complaint filed by an employee paid a SMW, the complaint should not automatically be treated as a petition for a review of the SMW by an ALJ. Unless the employee specifically requests section 14(c)(5) action, the complaint should be scheduled for investigation in accordance with standard DO procedures. Then, if the investigation does not substantiate the complainant's allegation, the complainant should be informed of his or her right to petition unde section 14(c)(5).
- Since the statute establishes strict time frames for the processing and addressing of petitions for review, all actions by WH personnel in handling such petitions must be taken promptly.