The Fair Labor Standards Act (FLSA) – Enforcement

FLSA – Enforcement

Provisions of the FLSA are enforced by the U.S. Department of Labor’s Wage and Hour Division. With offices around the country, this agency is able to interact with employees on complaints and follow up with employers by making an on-site visit if necessary. If violations are found during an investigation, the agency has the authority to make recommendations for changes that would bring the employer into compliance. Retaliation against any employee for filing a complaint under the FLSA or in any other way availing
himself or herself of the legal rights it offers is subject to additional penalties. Willful violations may bring criminal prosecution and fines up to $10,000. Employers who are convicted a second time for willfully violating FLSA can find themselves in prison.

The Wage and Hour Division may, if it finds products produced during violations of the act, prevent an employer from shipping any of those goods. It may also “freeze” shipments of any product manufactured while overtime payment requirements were violated.

A 2-year limit applies to the recovery of back pay unless there was a willful violation, which triggers a 3-year liability. For more information, see www.dol.gov/whd/regs/statutes/FairLaborStandAct.pdf .

Sharam Kohan
Sharam Kohan

Sharam Kohan: Biography

Sharam Kohan is a seasoned professional with an extensive background in law, human relations, and organizational leadership. Currently a degree candidate for an LLM at UC Berkeley Law, Sharam brings a unique blend of legal education, hands-on experience, and a deep commitment to social justice and human rights.

With a career that spans diverse sectors, Sharam's expertise extends far beyond the classroom. He has served as a Human Relations Commissioner, contributing his leadership to Alameda County’s Human Relations Commission, where he worked on initiatives to improve community relations and promote equity. His dedication to social change is also evident in his philanthropic efforts as a donor to organizations like FACES SF, which provides vital resources and support to the Bay Area’s underserved communities.

An advocate for labor and employment rights, Sharam holds a specialization in Employment Law from Temple University School of Law, which has furthered his ability to navigate complex legal frameworks. His professional journey includes leadership roles across human resources and operations, where he has honed his ability to manage teams, shape organizational culture, and implement effective strategies that drive success. He also holds SHRM certification, further solidifying his expertise in human resources management.

As a writer and thought leader, Sharam has authored multiple works that delve into complex philosophical and legal topics. His books, Judgment, a Priori Itself and Sartre’s Conception of Freedom, explore the intersections of law, philosophy, and human freedom, blending his academic background with a passion for intellectual inquiry. These works have garnered attention for their thoughtful analysis and exploration of complex ideas, establishing Sharam as a respected voice in both legal and philosophical circles.

Though not a traditional legal scholar, Sharam’s interdisciplinary approach to understanding law and society has made him a sought-after commentator on topics ranging from legal theory to organizational dynamics. His writing can be found on various platforms, including his blog at Harvard, where he shares insights on law, politics, and social issues.

Sharam Kohan is a dynamic and forward-thinking professional with the knowledge, experience, and passion to contribute meaningfully to the legal, social, and business landscapes.

For more on Sharam Kohan’s work, visit his blog at archive.blogs.harvard.edu/kohan and his author pages on Amazon, including Judgment, a Priori Itself and Sartre's Conception of Freedom.

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