Here’s some great news: If the Department of Labor’s too overloaded to handle your employee’s FLSA or FMLA complaint, a new federal program will help that worker get in touch with a lawyer who can pursue the matter.
That’s right. It’s all part of the Obama administration’s Access to Justice Initiative that’s sprung from the White House’s Middle Class Task Force.
Here’s a description of the program, straight out of a White House press release:
“The Department of Labor and the American Bar Association (ABA) (have) announced a collaboration to help workers resolve complaints received by DOL’s Wage and Hour Division (for) not getting paid the minimum wage or not being paid overtime, or being denied family medical leave.
“Beginning on December 13, 2010, complainants whose cases cannot be resolved by DOL because of limited capacity will be given a toll-free number to a newly created system where they are connected to an ABA-approved attorney referral provider if there are participating attorneys in their area.
“In addition, if DOL has conducted an investigation, the complainant will be given information about the findings to provide to an attorney who may take the case, including the violations at issue and any back wages owed.
“DOL has also developed a special process for complainants and representing attorneys to obtain relevant case information and documents when available.”
The Access to Justice Initiative is also designed to help veterans in need of legal assistance and offer aid to homeowners in danger of losing their homes to foreclosure.
Another layer of exposure
We certainly can’t argue with the idea that American citizens should have the ability to have their employment law claims heard. But knowing there’s yet another avenue for workers to sue can’t be great news for employers.
The basic lesson is probably this: The administration has made it clear that workplace laws like FLSA and FMLA are going to be strongly enforced. So it’ll pay for employers to make sure their employee classification and leave policies are airtight.
For a look at the Access to Justice Initiative, go here.
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