A number of attorneys across the country are ripping off their clients by misrepresentation and misinterpreting laws, particularly labor law. Since the establishment of the Fair Labor Standard Act-1938, hundreds of thousands of employer has been affected by section 216 (b). It is on record that former senator Forest C. Donnell sponsored to revise aforesaid section of the law in order to fend off the fraud and misinterpretation by the private attorneys and individual party.

After analysis of a large number of cases, the United States Court of Appeals for the Second Circuit accepted cases from individual private attorneys but avoid the proven formula applied in other circuit courts. For instance, the United States Court of Appeals for the Six Circuit where scores of lawsuits have been ruled by the judges those initiated by the department of labor after finding the violation of section 206, 207, and 255 against employers. LeMaster et al v. Alternative Healthcare, Wilson v. Guardian Angel Nursing are two instances of how FLSA should be enforced. In contrary, Gayle v. Harry’s and Stephenie v. Pasta Resources are two cases where employer right and FLSA has been violated. However, a number of second circuit cases initiated and interpreted in accordance with the law. Nab R’wood, Wdhvn. Men For Benefit Fraud, Norma Lynch v. New York City, Brock v. Superior Care are few examples in second circuits. In Nab R’wood, Wdhvn. Men For Benefit Fraud case, the department of labor investigate the matter and issued a warrant upon finding the fraudulent activities that led the police department to arrest them.

On the other hand, some attorneys ripped off against employers at some point they supposed to work for their clients (employer) but misrepresent. In such and particular scenario, it is now time for the federal agencies to immediately take action towards preventing such fraud.