The Fair Labor Standards Act (FLSA) provides a national minimum hourly 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). The FLSA also requires employers to maintain accurate employee records in accordance with the Act's provisions (29 U.S.C. § 211). To ensure employer compliance with these requirements, both civil and criminal sanctions were provided. Section 215 of Title 29, United States Code, lists the prohibited acts under the FLSA. Section 216(a) of Title 29, United States Code, provides a criminal misdemeanor penalty for willful violations of 29 U.S.C. § 215. Imprisonment 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 liability for violations of 29 U.S.C. § 215. Broad injunctive relief to curtail any practice which would constitute a violation of section 215 or to obtain remedial action is available under Section 217 of Title 29, United States Code. Where an employer consistently violates a decree or consent judgment, or where the FLSA violations are sufficiently aggravated, criminal sanctions can be pursued under 18 U.S.C. § 401 or 29 U.S.C. § 216. Following conviction under 29 U.S.C. § 216(a) for a monetary violation, it is suggested that restitution be pursued as a part of the criminal sentence.
[cited in JM 9-139.020]