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The summons and complaints brought to the court’s attention under the Fair Labor Standard Act (FLSA)-1938 neither provide the basis nor meets the requirements set by FLSA. Since section 29 U.S.C.A. 216 (b) is an enforcement code by the FLSA, the department of labor shall conduct an audit prior to issuance of summons and complaints to the federal court.

Summons and Complaint

A private attorney, Mr. Jonathan Bernstein who has violated the due process of the law by producing fake summons and complaints and without proper enforcement of the labor law. The summons and complaints produced by Mr. Bernstein enforcing a scheme under the EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM (§§ 1001 – 1461) that section only can use by the department of labor and the IRS through enforcing the 401 (K) plan. According to the Cornel Law School, “by creating a financial plan under 26 U.S.C. 401(k), employers can help their workers save for retirement while reducing taxable income. Workers can choose to deposit part of their earnings into a 401(k) account on a pre-tax basis. Furthermore, interest earned on money in a 401(k) account is never taxed before funds are withdrawn”.

However, prior to enforcing section 216 (b), the IRS or the department of labor must identify the violation of sections 206, 207, and 255 (a) against the employer by conducting audits that would lead the DOL and IRS to circulate the findings to all the employees that were denied benefits from the employer under the section of the United States Labor Code, ERISA. Therefore, Mr. Bernstein who acted as a DOL and produced fake summons and complaints led to the violation of the due process of the law of the employer Cornelia Fifth Avenue, LLC, and its corporation officer.

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