Jennings Morris

Information may not be reliable

Wage and Hour Consulting Services

FLSA Consultation, DOL investigation guidance, self-audit coordination, compliance review, back wage computations, research, exemption analysis, litigation support

Achieve and maintain compliance with Wage and Hour Division statutes
Avoid pitfalls that result in an accumulation of back wage liabilities
Refrain from voluntary payment of back wages subsequent to a DOL investigation unless careful scrutiny determines that there are no exemptions that have been overlooked, DOL assertions of violations are correct, and computations are accurate

Assist employer representatives, such as attorneys, accountants, and human resource consultants (see SERVICES)

Work with ATTORNEYS as consulting expert in connection with litigation, arbitration, mediation, or administrative hearings

How Services are Provided
Clients in all areas of the United States are efficiently and effectively assisted through

ALERT - If you treat transportation employees as exempt from overtime based on the "motor carrier" exemption, you should examine your determinations vs. current law. DOL has issued its first interpretation (to my knowledge) of a 2008 statute. This results in loss of exemption for many employees, especially those employed in a mixed fleet scenario. See WHAT'S NEW.

All services relate only to certain statutes that are enforced by the DOL/Wage and Hour Division.

Please note that employer obligations are often more expansive under the employment laws of many states. For example, an applicable exemption under FLSA does not necessarily mean that there are no obligations under state law.

Wage and Hour Division Investigation or Other Enforcement Action
You have been advised by DOL that your firm or organization will be investigated to determine compliance with the Wage and Hour Division laws. The investigation might have already begun, or it has been completed but you have not yet paid back wages. What should you do now? Get expert help right away. These laws are extremely complex, and an employer needs someone "in his or her corner" who is as knowledgeable as is the investigator. It is to your advantage that an experienced and competent Wage and Hour practitioner be involved from the beginning, but obtaining assistance during or subsequent to the investigation is nevertheless beneficial to you. See the INVESTIGATION page for additional information.

"Contract Labor" and Other Employment Relationship Issues
Under the statutes that are enforced by the Wage and Hour Division, the employment relationship is very broadly construed. Merely declaring a worker to be a "contractor" is not sufficient to avoid a statutory relationship of employer and employee.

owner-operators of equipment are often classified as "contractors," but they are typically treated by DOL and the courts as employees. Many employers have learned of this policy the expensive way, by finding it necessary to resolve a huge overtime back pay liability.
It is important that an employer makes an accurate determination of the status of any worker classified as contract labor or independent contractor. This includes homeworkers, construction workers, domestic workers, owner-operators, and others who are often improperly treated as non-employees.
See CONTRACT LABOR

When back wages are owed, it is usually because of failure to comply with the voluminous and complex overtime rules. This is often because of confusion regarding how to compute overtime compensation when there are additions to pay, wages are based on salary or commission, employees receive tips, or a weighted average regular rate calculation is necessary. If overtime wages are incorrectly computed, you may be accruing a liability or you might be paying more than you owe. Misunderstandings can result in either outcome.

It is not unusual for overtime wages to be calculated in a way that results in no credit to the employer for overtime ostensibly paid and an increase in the regular rate because of the "overtime pay" that was not correctly computed. This strange turn-of-events is most likely when an employer tries to develop a novel or unique approach to the computation of overtime wages, especially if a guaranty plan is involved.

Morris is able to work with you to resolve any deficiencies and to explain how you can make sure that you are following the most appropriate methodology.

Federal Contractors (Service or Construction)
The labor standards that are applicable to service contractors under the Service Contract Act (SCA) and to construction contractors under the Davis-Bacon Act or one of the numerous "related acts" (DBRA) are inflexible and complicated. Contractors, subcontractors, and lower-tier subcontractors are often found to be in violation. Back wages are typically substantial, and debarment is not uncommon. Obtaining guidance from an experienced consultant who is also a former DOL investigator will be a worthwhile investment. See SCA/DBRA.

H-2A and H-2B
If you participate in either of these programs, the H-2A/H-2B page will be of interest.

Child Labor Standards
If your concerns include FLSA restrictions regarding the employment of minors, please see the CHILD LABOR page. Additionally, the ABOUT US, SERVICES, and INVESTIGATION pages will be helpful.

If you are seeking a consultant who has an in-depth understanding of the statutes that are referenced on this site, and who is aware of how to help employers in the avoidance of mistakes that result in significant back wage liabilities, a consultant with DOL Wage and Hour Division enforcement experience is the right choice. Morris not only has the requisite background and extensive training; he has developed additional knowledge and skills, since retirement from DOL, by working with employers and their representatives as a Wage and Hour consultant and by assisting attorneys as a consulting expert and expert witness in connection with FLSA litigation.

Public School Districts, Municipalities, Counties, State Government, Other Public Agencies and Institutions
Federal Government Contractors

CONTRACT LABOR, "INDEPENDENT CONTRACTORS," EMPLOYMENT RELATIONSHIP

H-2A and H-2B: FLSA Application to Employers Participating in these Programs

Services available nationally (via telephone conferences, e-mail, fax, mail, and expedited delivery services) include Wage and Hour consultation, compliance guidance, self-audit coordination, training, DOL investigation assistance, technical research, back wage computations, and litigation support as a consulting expert.