The U.S. Department of Labor’s Wage and Hour Division (WHD) is charged with enforcing and remedying violations of the federal Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA). And although the WHD is able to help the majority of affected employees recover denied wages or lost jobs, each year there are thousands of employees whose claims WHD cannot resolve because of capacity issues. In light of this reality, beginning on December 13, 2010, all employees who are informed that the WHD is declining to pursue their complaints will be given a toll-free number to contact a newly created American Bar Association (ABA)-Approved Attorney Referral System. Through this Referral System, the employee will be given the opportunity to retain a qualified private-sector lawyer in their area.
In addition, in situations where the WHD has already conducted an investigation, the information obtained from that investigation regarding violations at issue and back wages owed will be passed along to the employee, and subsequently, to the private sector attorney the employee retains.
The new ABA-Approved Attorney Referral System is likely to cause an increase in wage and hour lawsuits. For more information on the new ABA-Approved Attorney Referral System, including FAQs, see the WHD’s website at www.dol.gov/whd/resources/ABAReferralPolicy.htm.