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equivalent amount," says Douglas
E. Witte, who represents businesses
in labor and employment law
matters at Boardman & Clark
in Madison, Wis. "If the U.S.
Department of Labor
thinks an employer
willfully violated
the law, the
statute of
limitations
gets
bumped
up from
two years to
three years.
And employers
may also have
to pay attorneys'
fees for individuals
who have brought
successful lawsuits."
e Department of Labor, the
IRS and state agencies have been
increasing audits and suits for wage-
and-hour violations. But the latest
legal wrinkle is even more troubling:
an increase in criminal prosecutions.
" e U.S. Department of Justice and
state prosecutors are devoting more
attention to fi nding that violations
of the Fair Labor Standards Act and
other wage-and-hour laws constitute
criminal acts," says Robert E. Gregg,
co-chair of the Employment Practice
Law Group at Boardman & Clark.
"Both employers and managers are
facing prosecution, in addition to
civil liability. e big diff erence is
that the company pays most of the
civil liability. In criminal cases, the
individual gets convicted."
Workplace observers expect
compliance to get tougher as the
federal government starts tightening
regulations. "Part of the Biden
platform was to empower workers,"
says Ann F. Kiernan, an employment
law attorney and lead trainer at Fair
Measures, a management practices
consulting fi rm in Denver, Colo.
"I expect a lot of pro-employee
activity, to include increased
enforcement by the Department of
Labor." Among the likely regulatory
steps over the coming months
include boosting the overtime salary
threshold and rewording exemption
parameters. Many states are also
passing legislation aimed to protect
and expand employee overtime.
THE EXEMPTION PUZZLES
It follows that all employers should
make a point of correctly categorizing
workers as either exempt or non-
exempt from overtime.
■ Exempt employees are paid a
salary—which must be at least $684
per week or $35,568 per year (this
requirement can vary by state)—for
