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60 31qDOCUMFNT RESUME /
[Complaints concerning Investigation f'r Compliance with Fair
Labor Standards Act]. HRD-78-113; B-133182. Pay 16, IS78.
eleased May 23, 1978. 7 pp.
Report to Sen. Russell B. Long; by Gregory J. Ah-rt Director,
Human besources Div.
Issue Area; Federally Sponsored or Assisted Income Security
Programs: Regulatory Legislation and Wages (1315).
Contact: Huvan Resources Div.
Budget Function: Education, Manpower, and Sccial Services: Other
Labor Services (505'.
Organization Concerned: Department of Labotr.
Congressional Relevance: Sen. Russell B. Long.
Authorit;: Fair Labor Standirds Act of 1938 (29 U.S.C. 201).
Fair Labor Standards Amendments of 1961. =29 C.F.R. 779.
Wage and Hour Publication 1308. Wage and Hour PublicatioD
1340.
Certain allegations vere Pade by A. Lsorard Soeller
with regard to GAO's report concerning the Department of Labor's
investigation of his enterprise for compliance with the minimum
wage and overtime provisions of the Fair Labor Standards Act.
GAO did not contact Mr. Soeller or his accountant regarding the
allegations. Direct contact with the employer was considered
inappropriate because at that time the case was under
investigation with potential for lidigation to enforce payment
for unpaid back jages. Conttary to Soeller's contention, the
report neither stated noz implied that his stores were
subsidiaries ol the Tandy Corporation. The Department's use of
the rolling (or tumbling) quarter method in computing Soeller's
annual gross volume of sales was consistent with applicable
provisions of the Fair Labor Standards Act. Wage and Hour (WH)
Pubiication 1308 iequately describes this method of determining
coverage under the act. Despite any shortcoming of WH
Publicatiov 1300, both Mr. Soeller and his accountant had
specific knowledge of the rolling quarter method of ccmputing
annual gross volume of sales. However, Soeller was correct in
his contention that WH Publication 1308 does not spell out an
employer's specific rights to a higher-level review or
administrative appeal in the event of disaoreement with
compliduce procedures or findinqs. Contrary to Sceller's
contenti,;n, the compliance' officers applied Futlished rules in
determining that two euployeez 'id not qualify for exemption
Zrom minimum wage and cvertipe pay requirements,. (RRS)](ViewImageLocal?handle=hein.gao/gaobaaxii0001&div=1&collection=&method=preview&ext=.png&size=3)