Fact Sheet number 77A, Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), briefly discusses the prohibitions, coverage and enforcement issues related to section 15(a)(3) of the FLSA, which makes it a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” The fact sheet explains that covered complaints may be made orally or in writing, and that most courts have concluded that the FLSA’s retaliation protections extend to complaints as well.

In addition, the fact sheet states that all employees of an employer are protected by the FLSA’s retaliation provisions, including those instances in which the employee’s work and the employer are not covered by the act. Moreover, the section 15(a)(3) protections extend to employees who are no longer in an employment relationship with the employer. With respect to enforcement, the fact sheet explains that an aggrieved individual may file a complaint with the agency or pursue a private cause of action in court.

Protection for Individuals under the FMLA outlines Section 105 of the FMLA and section 825.220 of the FMLA regulations, which prohibit employers from retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA, and provides examples of prohibited conduct. The fact sheet points out that the FMLA applies to, among other entities, private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers. Retaliation complaints under section 105 can be raised within two years of the date of violation.

Prohibiting Retaliation Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) discusses the protections and enforcement procedures under the retaliation provisions of the MSPA, which establishes employment standards related to wages, housing, transportation, disclosures, and recordkeeping requirements for migrant and seasonal agricultural workers, and mandates that farm labor contractors register with the U.S. Department of Labor.

For a further discussion of employers' and employees' duties, rights and responsibilities under the FLSA, please obtain a copy of Personnel Concepts' FLSA Compliance Program.

Though other cities enforce "living wages" for businesses that do contracted work for them, San Francisco enforces a general minimum wage on all enterprises, and on Jan. 1 that rate will rise to $10.24 an hour from $9.92.

The case in question is Christopher v. SmithKline Beecham Corp. Christopher and other such plaintiffs argue that their positions do not entail sales but merely the representation of the pharmaceutical companies in a function similar to public relations. Thus they are due overtime pay as non-exempt employees and are not exempt from FLSA time-and-a-half provisions as outside sales representatives.

An interconnected issue is whether the courts are obliged to follow interpretations of the FLSA by the Department of Labor (DOL). Before 2009, the DOL maintained that pharmaceutical representatives do indeed fall under the FLSA's definition of outside sales representatives, who are exempt employees and not subject to federal overtime rules, but the department shifted its position when the Obama administration was sworn in.

As for deferring to the DOL's interpretation, the 9th U.S. Circuit Court of Appeals ruled that it had no such obligation while the 2nd U.S. Circuit Court did so defer. 

Now it is in the Supreme Court's hands to rule on who or what rules.

To help employers and human resource professionals to better and more correctly classify employees as exempt and non-exempt, Personnel Concepts has developed a comprehensive FLSA Compliance Program. Get yours today and protect yourself against charges of past-due overtime pay and other FLSA-related issues.

Montana will similarly raise its minimum wage by 30 cents to $7.65 an hour. Both states are basing the increases on inflationary effects on the economy.

Specifically, the increase in the minimum wage is based upon any increase in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items (CPI) from August of the preceding year to August of the year in which the calculation is made.

Ohio, Oregon and Washington announced similar minimum wage increases this past week. Arizona, Florida, and Vermont are expected to announce 2012 minimum wage rates next month.

Washington and Oregon ($8.80 in 2012) have the two highest state minimum wages in the nation.

Washington update subscribers will receive the new minimum wage panel in their quarterly mailings as soon as it becomes available. Others may inquire about obtaining one by calling Personnel Concepts Customer Service at (800) 333-3795. New purchasers of the Washington All-On-One State and Federal Labor Law Poster will receive the updated panel with their order.

Oregon is one of 10 states to hitch its minimum wage to the CPI. Washington, also one of the 10, will announce its increase today.

The CPI, published by the United States Bureau of Labor Statistics, is a measure of the average change in prices over time for a fixed "market basket" of goods and services, such as food, shelter, medical care, transportation fares and other goods and services people purchase for day-to-day living.

"Oregonians recognize the rising cost of living facing every one of us, and our strong minimum wage law is essential insurance that Oregon workers and their families can maintain their purchasing power and continue to contribute to our local economies," said State Labor Commissioner Brad Avakian.

The Oregon All-On-One State and Federal Labor Law Poster ships with all the required state posters. Those who subscribe to the Personnel Concepts update service will receive the new minimum panel in the quarterly mailings. Others can call Customer Service at (800) 333-3795 to inquire about obtaining one.

The House Republicans at the same time defeated a 75-cent increase in the (now-defunct) state minimum wage.

Republican State Representative Carol McGuire called the minimum wage "very discriminatory, particularly for young people." She voiced the opinion that more young people would be able to find jobs if business owners were able to set the wages without any mandated floor.

House Democratic leader Terie Norelli fretted that abolishing the state wage apparatus left New Hampshire at the mercy of Washington, D.C.: "Congress could lower the federal minimum wage, or eliminate it altogether with the idea that it should be a state issue, leaving New Hampshire workers with no protection."

New Hampshire thus joins five other states, all in the South, with no minimum wage laws.

Possible uses for the collected data include generating insight into potential problems of compensation discrimination at the establishment level that might warrant further review or evaluation by OFCCP or a contractor self-audit.

OFCCP could also use the data collected by the tool to conduct analyses at the establishment level, as well as to identify and analyze industry trends, federal contractors' compensation practices and potential equal employment-related issues.

You can submit comments, identified by RIN number 1250-AA03, before Oct. 11, 2011, by visiting www.regulations.gov.

The sweep so far has netted 20 farms, packing houses and other agricultural operations. Many of the violations have been for paying below the minimum wage and for failing to pay for overtime work. In addition to fines, WHD agents say some firms may face civil or criminal legal action.

"The agricultural industry employs a large number of low-wage and vulnerable workers who are susceptible to exploitation and disparate treatment. These workers include minors, migrant workers, seasonal employees and temporary non-immigrant farmworkers,” said Oliver Peebles III, southeast regional administrator of the Wage and Hour Division. “Employers in the agricultural industry cannot escape their legal responsibilities to provide safe working conditions and accurate compensation to employees for all hours of their hard work. In addition, we are ensuring that employers who follow the rules are not placed at a competitive disadvantage because of a few employers who break the law.”

As part of the sweep, the WHD is also conducting community outreach to inform domestic, seasonal and migrant workers of their rights under federal labor laws.

The applicable laws include the Fair Labor Standards Act (FLSA), the Migrant and Seasonal Agricultural Worker Protection Act, and the Occupational Safety and Health Act's Sanitation Standard.

Whether you're in agriculture or another business, the FLSA applies to every company with workers. To better understand the law and comply with its provisions, get yourself a copy of Personnel Concepts' handy FLSA Compliance Program.

With both English and Spanish versions, users can conveniently track regular work hours, break time and any overtime hours for one or more employers. This new technology is significant because, instead of relying on their employers’ records, workers now can keep their own records. This information could prove invaluable during a Wage and Hour Division (WHD) investigation when an employer has failed to maintain accurate employment records, the DOL advises.

The free app is currently compatible with the iPhone and iPod Touch. The Labor Department will explore updates that could enable similar versions for other smartphone platforms, such as Android and BlackBerry, and other pay features not currently provided for, such as tips, commissions, bonuses, deductions, holiday pay, pay for weekends, shift differentials and pay for regular days of rest.

Employers, with the DOL empowering employees to track their hours and wages and overtime owed, precise record-keeping is more important than ever (though of course it has always been important). Personnel Concepts' FLSA Compliance Program will enable you to understand and correctly comply with all the wage-and-hour rules being enforced by the DOL.