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![handle is hein.gao/gaobaawcg0001 and id is 1 raw text is:
DCCUMENT BESUME
0376 - rB2854101]
Review of Constituent's Complaint on Investigation by the
Department of Labor for Cowpliance with the Fair Labor Standards
Act of 1938. HRD-77-153; B-133182. Cctober 11, 1977. Released
October 13, 1977. 9 pp.
Report to Sen. Russell B. Long; by Gregory J. Ahart, Director,
Human Resourcer Div.
Issue Area: Income Security Programs: Programs to Protect
Workers' Income (1306).
Contact: Human Resources Div.
Budget Function: Education, Manpower, and Social Services: Other
Labor Services (505).
Organizaticn Concerned: Department of Labor: Wage and Hour Div.,
New Orleans, LA.
Congressional Relevarce: Sen. Russell B. Long.
Authority: Fair Labor Standards Act, as amended (29 U.S.C. 201
et seq.). Wage and Hour Publication 1282. wage aDd Hour
Publication 130e.
The Departent of Labor's Wage and Hour Division
investigated A. Leonard Soeller's establishment in Slidell,
Louisiana, to determine compliance with minimum wage and
overtime provisions of the Fair Lator Standerds Act. Mr. Soeller
alleged that area office personnel: used a metfod of determining
his coverage by the act which was different frcm that explained
in publications; incorrectly computed the date his establishment
became subject to the act; incorrectly calculated back wages
resulting from violations; became hostile when errors were
pointed out; and thteatened him with a court suit if he did not
pay back wages. Findings/Conclusions: The compliance officers'
determination that an establishment became subect to the act on
January 1, 1976 was in error, possibly because of the method
used by Mr. Soeller to record sales and layaway receipts.
However, there was no evidence of attempts by officers to obtain
erplanations. A secord analysis of date of coverage was found to
be accurate. Two of three summaries of baci wages due employees
contained er-ors in computation. Although a publication did not
explain the method used to calculate the period of coverage for
the act, it was only intended as a guide. Anctber publication
providel an adequate explanation of the method used in computing
sales volume, but Mr. Soell&r was not provided with this
publication until after the investigation. He was advised that
court suit could be filed tc recover back wages but there was no
evidence that officers were hostile or uncooperative. Some
problems could have been avoided if matters of concern were
discussed more fully with Mr. Soeller, (HTV)](ViewImageLocal?handle=hein.gao/gaobaawcg0001&div=1&collection=&method=preview&ext=.png&size=3)