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All applications for certificates under FLSA Section 14(c), including
renewal applications, are processed by the FLSA Section 14(c) Certification
Team located in the Midwest Regional Wage and Hour Division Office located in
Chicago. Part of this process includes thorough review to ensure accuracy and
completeness, and that the employer understands and is in compliance with the
requirements of FLSA Section 14(c).
The Wage and Hour Division has found that the certification review
process is a very effective way of increasing employer knowledge of and
compliance with the provisions of FLSA Section 14(c).
The reviews conducted by Certification Team often require that employers
be contacted to clarify their applications or to provide additional
information. Such contacts are normally made by telephone in order to avoid
delays in the issuing of certificates. Occasionally, the reviews will disclose
errors in the computation of commensurate wages that the employer will be
requested to research and correct. If a back wage liability has been incurred,
the employer will be requested to correct the practice(s) that led to the
liability, compute and pay the back wages to the affected employees, and submit
documentation that the corrections and payments have been made. The certificate
will then be issued.
Because the reviews conducted by the Certification Team involve only a
limited amount of information and documentation, employers should never
consider the certificates to constitute a statement of compliance by the Wage
and Hour Division. Issuance of a certificate will not convey a good faith
defense to employers should violations of the FLSA, the McNamara-O’Hara
Service Contract Act (SCA), and/or the Walsh-Healey Public Contracts Act (PCA)
occur, as certificates may be revoked retroactively as of the date of the
violation(s). In the past, some employers have mistakenly thought that because
the Wage and Hour Division had issued them a certificate, the Wage and Hour
Division was acknowledging their compliance. In order to avoid future
misunderstandings, certificates are now issued with such a disclaimer.
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FLSA Section 14(c) Advisor |
Wage and Hour Division ]
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