Complaints concerning Investigation for Compliance with Fair Labor Standards Act
HRD-78-113: Published: May 16, 1978. Publicly Released: May 16, 1978.
Additional Materials:
- Full Report:
Contact:
Certain allegations were made by an officer of a firm with regard to the GAO report concerning the Department of Labor's investigation of his enterprise for compliance with the minimum wage and overtime provisions of the Fair Labor Standards Act. GAO did not contact the officer or his accountant regarding the allegations. Direct contact with the employer was considered inappropriate because at that time the case was under investigation with potential for litigation to enforce payment for unpaid back wages. Contrary to the officer's contention, the report neither stated nor implied that his stores were subsidiaries of the Tandy Corporation. Labor's use of the rolling (or tumbling) quarter method in computing the officer's annual gross volume of sales was consistent with applicable provisions of the Fair Labor Standards Act. Wage and Hour (WH) Publication 1308 adequately describes this method of determining coverage under the act. Despite any shortcoming of WH Publication 1308, both the officer and his accountant had specific knowledge of the rolling quarter method of computing annual gross volume of sales. However, the officer was correct in his contention that WH Publication 1308 does not spell out an employer's specific rights to a higher-level review or administrative appeal in the event of disagreement with compliance procedures or findings. Contrary to the officer's contention, the compliance officers applied published rules in determining that two employees did not qualify for exemption from minimum wage and overtime pay requirements.
Feb 26, 2021
Servicemember Rights:
Mandatory Arbitration Clauses Have Affected Some Employment and Consumer Claims but the Extent of Their Effects is UnknownGAO-21-221: Published: Feb 26, 2021. Publicly Released: Feb 26, 2021.
Feb 18, 2021
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Workplace Safety and Health:
Actions Needed to Improve Reporting of Summary Injury and Illness DataGAO-21-122: Published: Jan 27, 2021. Publicly Released: Feb 18, 2021.
Jan 27, 2021
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Military Spouse Employment:
DOD Should Continue Assessing State Licensing Practices and Increase Awareness of ResourcesGAO-21-193: Published: Jan 27, 2021. Publicly Released: Jan 27, 2021.
Oct 19, 2020
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Fair Labor Standards Act:
Observations on the Effects of the Home Care RuleGAO-21-72: Published: Oct 19, 2020. Publicly Released: Oct 19, 2020.
Jun 22, 2020
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Workforce Innovation and Opportunity Act:
Additional DOL Actions Needed to Help States and Employers Address Substance Use DisorderGAO-20-337: Published: May 21, 2020. Publicly Released: Jun 22, 2020.
Apr 14, 2020
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Job Corps:
DOL Should Provide Greater Transparency in Communicating Its Rationale for Closure DecisionsGAO-20-240R: Published: Apr 14, 2020. Publicly Released: Apr 14, 2020.
Feb 14, 2020
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National Mediation Board:
Additional Actions Needed to Fully Implement Prior GAO Recommendations and Improve Agency Management and OversightGAO-20-236: Published: Feb 14, 2020. Publicly Released: Feb 14, 2020.
Feb 10, 2020
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National Weather Service:
Information on Contractor Selection and Work Performed for Its Operations and Workforce Analysis ProjectGAO-20-271R: Published: Jan 30, 2020. Publicly Released: Feb 10, 2020.
Sep 9, 2019
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Job Corps:
Actions Needed to Improve Planning for Center Operation ContractsGAO-19-326: Published: Aug 8, 2019. Publicly Released: Sep 9, 2019.
Apr 10, 2019
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Priority Open Recommendations:
Department of LaborGAO-19-395SP: Published: Apr 3, 2019. Publicly Released: Apr 10, 2019.
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