Posted on 08-Feb-08 by The Timekeeper

Just came across an especially thought-provoking article in the Jottings By An Employer’s Lawyer blawg.

Inspired by news the Clinton campaign had run into a financial crunch and several senior staffers had volunteered to work without pay, Michael Fox raises some fascinating questions. How are these political campaign organizations structured? Are they subject to FLSA coverage in the first place? Can senior staffers “volunteer” without triggering wage and hour violations?

Interesting questions, indeed. But the best part of the post is this bit at the end:

However, regardless of whether there truly is liability, it might not be a bad thing for all politicians to have to think about. It is always helpful for those who pass laws to be covered by them.

Rightly or wrongly, many employers wonder if legislators have any clue about the impact of employment legislation in the real world. Having to come face to face with it, by say having a DOL investigator show up and ask for records or receive a collective action suit for unpaid wages on behalf of all similarly situated individuals might be a good, even startling, education.

Brilliant!

Oh, yeah, and while we’re on the subject, it’s probably a good idea to highlight one important point Mr. Fox makes that may be well known by employment lawyers, but clearly not all employers understand: employees can’t waive their rights under the FLSA unless there’s a DOL or court approved settlement.

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