Execution of FLSA: Fact and Enforcement Procedures Under 29 U.S.C. 216 (b) to the Federal Judge and Department of Justice

BETWEEN THE U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION AND NEW YORK STATE DEPARTMENT OF LABOR

PARTNERSHIP AGREEMENT BETWEEN THE U.S. DEPARTMENT OF LABOR, WAGE AND HOUR DIVISION AND Labor Bureau of the New York State Office of Attorney General

MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT BETWEEN THE U.S. DEPARTMENT OF LABOR Wage and Hour Division THE U.S. DEPARTMENT OF LABOR Occupational Safety and Health Administration AND THE NEW YORK STATE WORKERS’ COMPENDATION BOARD

29 U.S. Code Title 29— LABOR

According to the Fair Labor Standard Act-1938, a lawsuit shall be brought against employers under the FLSA act; however, per requirements are set in order to enforce section 29 U.S.C. 216 (b). The section provides a clear direction to the parties involved in the enforcement of 216 (b).

“Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages”.

The condition pursues to find the violation prior to the enforcement and finding violation must be identified by the Department of Labor (DOL) who is responsible to conduct the audits in order to find violations of section 29 U.S.C. 206, 207, and 255. If the DOL finds violations against any employers, the DOL can move to enforce 29 U.S.C. 216 (b) to the department of justice.

Condition-I: Finding the violation of:

29 U.S. Code CHAPTER 8— FAIR LABOR STANDARDS  (206, 207)

29 U.S. Code CHAPTER 8—FAIR LABOR STANDARDS

29 U.S. Code § 203.Definitions

29 U.S. Code § 206.Minimum wage

29 U.S. Code § 207.Maximum hours

29 U.S. Code § 211.Collection of data

29 U.S. Code § 212.Child labor provisions

29 U.S. Code § 215.Prohibited acts; prima facie evidence

29 U.S. Code § 216.Penalties

29 U.S. Code § 217.Injunction proceedings

Calculation/Enforcement of Liquited Damage (willfully/unwillfully)

29 U.S. Code CHAPTER 9— PORTAL-TO-PORTAL ACT [251-262]  

29 Statue of Limitation, 255 (a)

29 Liquidated damages 260

18 U.S. Code § 401 – Power of court or 29 U.S. Code § 216.Penalties

After finding the violation against an employer by the department of labor shall send memos to each worker involved in order to inform them about the violation and the opportunity to enforce the said violation against the employer. The letter shall instruct the workers to sign the consent and take an oath that shall be authorized the court to enforce section 18 U.S.C. § 401 or 29 U.S.C. § 216.

The department of labor has to coordinate to comply with the summons and complaints and Cover Sheet (JS44) to file it to the federal court under section 18 U.S.C. § 401 or 29 U.S.C. § 216 to enforce the social security benefit under the federal law called FICA. Under te section 29 U.S.C. 216 (a) Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection.

Employers who improperly classified nurses as independent contractors and as a result, employers failed and refused to pay their employers’ share of the Federal Insurance Contribution Act (FICA) taxes on each nurse’s gross wages, and accordingly plaintiffs were required to pay the same. By employers’ failure and refusal to pay their employers’ share of FICA on behalf of nurses, employers were unjustly enriched. By employers’ failure and refusal to pay their employer’s share of FICA on behalf of nurses and failure and refusal to pay nurses for travel time between consecutive assignments, they exercised dominion over and appropriated such funds for their own use and benefit, thereby depriving nurses’ of the tights and benefits thereto. Accordingly, employers ate guiltily of conversion. As a proximate result of employers’ conduct, as alleged herein, nurses suffered damages and are entitled to an award of compensatory and consequential damages.

Employers conversion, as alleged herein was intentional, willful, oppressive reckless and calculated to cause nurses to suffer injuries or accomplished with deliberate indifference to the injuries that nurses would suffer, and accordingly, nurses are entitled to an award of punitive damages in order to deter the defendant from repeating said conduct.

Nurses are aware of other-similarly situated employees and/or former nurses of employers who have been improperly compensated in violation of the FLSA and who would benefit from the issuance of court-supervised notice of the present lawsuit and the opportunity to join the lawsuit by filing a consent pursuant to Section 216(b) of the FLSA. Specifically, nurses ate aware of other, nurses of employers who worked as licensed practical nurses who were not paid overtime wages at a rate of one and one-half times their regular rate of pay for all hours worked over 40 during each workweek. All other licensed practical nurses that have worked for- employers within the last three years and have not been paid overtime wages for all hours worked over 40 during each workweek ate similarly situated to nurses and should be given notice of this lawsuit and the opportunity to join.

All other similarly situated employees ate also entitled to damages in the form of uncompensated overtime wages, liquidated damages, attorney’s fees and other- damages so as to preclude employers’ unjust enrichment. Pursuant to Section 216(b), attached hereto and filed with this Complaint as Exhibits A through Late the Consent to Become Party nurses executed by each nurse.

WHEREFORE, nurses, individually and on behalf’ of all other similarly situated persons, pursuant to Section 216(b) of the FLSA and for other stated related causes of action, pray for the following relief:

(a) They are allowed to give notice to all other potential nurses who may be similarly situated, or that the court issue such notice;

(b) Other similarly situated former and present employees are given the opportunity to join this lawsuit as party nurses by filing written consents pursuant to 29 U„S..G. § 216(b);

(c) Nurses be awarded damages in the amount of their respective uncompensated overtime wages, plus an equal amount of liquidated damages pursuant to 29 U.S.C. § 216(b);

(d) Nurses are awarded punitive damages in the amount of $500,000 and other compensatory and consequential damages;

(e) Nurses are awarded reasonable attorney’s fees; (1) Nurses are awarded costs and expenses of this action;

(g) Nurses are awarded prejudgment interest;

(h) Each nurse’ is awarded an amount equal to 6.2% (1.45 in medicare) of his or her gross wages for employers’ failure to pay their employer’s share of FICA; and

(i) Nurses are granted such other and further general and/or special legal and/or equitable relief to which they may be entitled or the Court deems proper.

Condition-II: Enforcement of the Labor Law (Civil, Corporation):

Condition-II: Enforcement of the Labor Law (Criminal, Corporate Officer):

29 U.S. Code CHAPTER 8— FAIR LABOR STANDARDS  [216 (b)]

Rule 26.1 Corporate Disclosure Statement—26.1

26 U.S. Code § 6103 – Confidentiality and disclosure of returns and return information

26 U.S. Code CHAPTER 21—FICA

Form 2848, Power of Attorney and Declaration of Representative

29 U.S. Code CHAPTER 18—ERISA

The federal judges or court have jurisdiction to enforce the department of labor violations under 2456. 29 U.S.C. 201 TO 219 – Fair Labor Standards Act [2456]

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.

The Employer shall contribute to the employee’s social security benefits under Federal Insurance Contribution Act (FICA). Failing to do so shall be a violation and enforcement may be take place by fulfilling the same condition as 216 (b).

Rule 26.1 Corporate Disclosure Statement—26.1

26 U.S. Code CHAPTER 21—FICA

29 U.S. Code CHAPTER 18—ERISA

ERISA on Wikipedia

ERISA – 29 U.S. Code Chapter 18

Calculating a Federal Annuity – FERS and CSRS

Supplemental Security Income for The Aged, Blind, And Disabled-TITLE XVI

Introduction to the Disability Process YouTube