Employers violating federal child labor and other wage and hour rules under the Fair Labor Standards Act (FLSA) now face increased civil penalty assessments by the U.S. Department of Labor (Labor Department) for under amendments to the FLSA signed into law by President Bush yesterday. The Genetic Information Nondiscrimination Act of 2008, H.R. 493 (GINA) signed by the President yesterday primarily focuses on regulating the use of genetic information by employers, unions, employer and other group health plans, and health insurers for certain employment or benefit purposes. However, GINA also includes provisions raising the maximum civil penalties that the Labor Department can impose for violations of the FLSA child labor, wage and hour, and overtime requirements. Perhaps due to widespread publicity about the implications of genetic information nondiscrimination provisions, however, most employers are unaware of the FLSA wage and hour liability expansion hidden at the end of the legislation. Employers should confirm their child labor, wage and overtime practices meet these requirements to avoid these and other substantial civil and criminal liability exposures.
