FLSA alternative dispute resolutions options

| Mar 8, 2021 | Fair Labor Standards Act (FLSA) |

The Fair Labor Standards Act, known as the FLSA, is a labor law that governs the 50 states throughout the United States. This legislation helps establish employee rights for things like minimum wage, overtime rates, minor employment and so forth. If an employer violates a Pennsylvania resident’s rights under the FLSA, they have the option of trying alternative dispute resolution.

Mediation

Mediation is a court-sponsored process that an employer can choose to undergo voluntarily. The whole process will be administered by the U.S. Department of Labor’s Office of Administrative Law Judges. The mediator who is assigned to your case will be different from your presiding judge. Your designated mediator can keep information confidential and will work to try and reach a suitable outcome for you and the other party.

Settlement

To avoid a formal administrative hearing, you can opt for having a settlement judge handle your case. This judge should be very knowledgeable in alternative dispute resolution and the procedures of the Department of Labor adjudications. They will work to consult with you and the other party to resolve the issue without having to undergo a formal administrative hearing.

Settlement proceedings are usually off the record and are held in a more informal atmosphere. This type of proceeding is based on finding a realistic solution for both parties. It’s helpful for minimizing future litigation fees that an administrative hearing would bring.

Dealing with an FLSA dispute against your company can be overwhelming to say the least. While you may be worried about undergoing an administrative court hearing, that’s not always the case. You can opt for one of the alternative dispute resolutions of settlement or mediation. Both of these options are ideal for helping to minimize court costs and the length of the dispute.

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