What can an employer cite as a defense against FLSA violations?

What can an employer cite as a defense against FLSA violations?

• A. Good faith reliance on their own business judgment
• B. Good faith reliance on a written interpretation from the Wage and Hour Division
• C. Advice from colleagues in the same industry
• D. Good faith belief in company policy regardless of external opinions

Answer: (B)

An employer can cite good faith reliance on a written interpretation from the Wage and Hour Division as a defense against Fair Labor Standards Act (FLSA) violations because this type of reliance demonstrates that the employer sought guidance from an authoritative source directly responsible for the enforcement of the statute. When an employer follows the written guidance provided by the Wage and Hour Division, it establishes the employer's intention to comply with the law and seeks to align their practices with the expectations set forth by federal regulations. This reliance is considered substantial because the Wage and Hour Division has the specialized knowledge and authority to interpret regulations, making their written interpretations a credible defense in legal proceedings. If an employer can show that their actions were based on these interpretations, it may absolve them from liability in cases where there has been an alleged violation of the FLSA. Thus, this defense is anchored in the principle of good faith compliance with established regulatory frameworks, which holds significant weight in legal contexts regarding wage and hour issues. In contrast, reliance on personal business judgment or industry peer advice lacks the formal authority of the Wage and Hour Division's written interpretations, which is why those options do not provide the same level of legal defense against potential FLSA violations. Good faith belief in company policies, regardless

An employer can cite good faith reliance on a written interpretation from the Wage and Hour Division as a defense against Fair Labor Standards Act (FLSA) violations because this type of reliance demonstrates that the employer sought guidance from an authoritative source directly responsible for the enforcement of the statute. When an employer follows the written guidance provided by the Wage and Hour Division, it establishes the employer's intention to comply with the law and seeks to align their practices with the expectations set forth by federal regulations.

This reliance is considered substantial because the Wage and Hour Division has the specialized knowledge and authority to interpret regulations, making their written interpretations a credible defense in legal proceedings. If an employer can show that their actions were based on these interpretations, it may absolve them from liability in cases where there has been an alleged violation of the FLSA. Thus, this defense is anchored in the principle of good faith compliance with established regulatory frameworks, which holds significant weight in legal contexts regarding wage and hour issues.

In contrast, reliance on personal business judgment or industry peer advice lacks the formal authority of the Wage and Hour Division's written interpretations, which is why those options do not provide the same level of legal defense against potential FLSA violations. Good faith belief in company policies, regardless