et seq.) Title VII of the Civil Rights Act (42 U.S.C. 2000e et seq.) Executive Order 11246 Age Discrimination in Employment Act (29 U.S.C. 621 et seq.) Occupational Safety and Health Act (29 U.S.C. 651 et seq.) Railway Labor Act (45 U.S.C. 151 et seq.) Employee Polygraph Protection Act (29 U.S.C. 2001 et seq.) Page 4 GAO/HEHS-94-138 Vol. II Workplace Regulation Fair Labor Standards Act (29 U.S.C. 201 et seq.) Coverage Establishes minimum wage, overtime pay, and child labor standards. Definitions Recordkeeping and Enforcement and Penalties Covers all employees of employers engaged in interstate commerce or the Employee: Any individual employed by an employer, including federal government employees, and state and local government employees, except for state and local elected officials and their staff members or personal appointees; but does not include anyone employed in agriculture by their immediate family. 29 U.S.C. 203(e). Employer: Includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. 29 U.S.C. 203(d). Every employer must maintain and preserve payroll records with certain information, including names and addresses of employees, the time and day each employee's workweek begins, each employee's hours worked each workday, total daily or weekly hours, and total wages for each pay period. The records must be maintained for 2 or 3 years depending on the type of record. Other requirements apply for certain types of employees, such as tipped employees. 29 C.F.R. 516.1. The Secretary of Labor is authorized to supervise the payment of the unpaid minimum wages and overtime compensation. The Secretary may bring an action in any court of competent jurisdiction to recover unpaid minimum wages, overtime compensation, and liquidated damages. Penalties assessed may be deducted from any sums the United States owes to the person charged, or recovered in an action brought by the Secretary, or ordered by the court and paid to the Secretary. 29 U.S.C. 216(b). There is a private right of action under the act. However, the employees right to sue is extinguished if the Secretary of Labor elects to sue on their behalf. 29 U.S.C. 216(b), (c). Any person convicted of willfully violating the act is subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both; except that imprisonment is only available when a person has been convicted of a prior willful violation. 29 U.S.C. 216(a). Any employer who violates the minimum wage or maximum hours provisions is liable to the employee or employees affected in the amount of their unpaid wages and in an additional equal amount as liquidated damages, and is subject to a civil penalty not to exceed $1,000 per violation for repeated or willful violations. 29 U.S.C. 216(b). Any employer who violates the provisions relating to retaliation against an employee is liable for such legal or equitable relief as may be appropriate, including employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. 29 U.S.C. 216(b). Any person who violates the provisions of the act relating to child labor, or any regulation issued under that section, is subject to a civil penalty not to exceed $10,000 for each employee who was the subject of such a violation. 29 U.S.C. 216(e). |