29 U.S.C. 201 TO 219Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) provides a national minimum
wage (29 U.S.C. § 206), mandatory overtime compensation (29 U.S.C.
207), and restrictions on the employment of minors (29 U.S.C. § 212).
FLSA also requires employers to maintain accurate employee records in
with the Act's provisions (29 U.S.C. § 211). To ensure employer
with these requirements, both civil and criminal sanctions were provided.
Section 215 of Title 29, United States Code, lists the prohibited acts under
FLSA. Section 216(a) of Title 29, United States Code, provides a criminal
misdemeanor penalty for willful violations of 29 U.S.C. § 215.
up to six (6) months for each offense may be imposed only upon a second or
subsequent conviction for an offense under the Act.|
Section 216(b) of Title 29 provides for an employer's civil
for violations of 29 U.S.C. § 215. Broad injunctive relief to curtail
practice which would constitute a violation of section 215 or to obtain
action is available under Section 217 of Title 29, United States Code.
employer consistently violates a decree or consent judgment, or where the
violations are sufficiently aggravated, criminal sanctions can be pursued
18 U.S.C. § 401 or 29 U.S.C. § 216. Following conviction
U.S.C. § 216(a) for a monetary violation, it is suggested that
be pursued as a part of the criminal sentence.
[cited in USAM 9-139.020]