Wage and recordkeeping requirements for residential janitors and “good faith” defense
Did you know that in 2019 so far there have been 12 proposed rules by the DOL? I recently read FLSA2019-9 in full and have decided to go back through and read the others.
Today I am starting with the first proposed rule this year, FLSA2019-1, the one where an employer asked about the applicability of the FLSA as it applies to residential janitors and in a larger sense, can an employer rely on state law exemptions as a ‘good faith’ defense if/when FLSA compliance issues are raised.
KEY TAKE AWAYS
- The employer asked if the NY State laws exempting residential janitors and live-in superintendents from the minimum wage and overtime requirements of the FLSA provided them a ‘good faith’ defense for non-compliance with the FLSA and the DOL said ‘No’.
- The DOL did state that the courts could evaluate this on a case by case basis but made it clear that employers must abide by the FLSA and state law yet when there is a difference, the employer should always go with the law that gives employees more protections.
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