The employer is not in compliance with the law because he gives the secretary extra time to rest after doing overtime job which is not in agreement with the employment and labor laws. The US employment and labor relation law require that an employee should be paid for overtime work, which should be one and one-half times the regular pay of the employee after 40 working hours in a workweek which is from Monday to Friday. Though under special circumstances for firefighters, police, hospital employees and nurses, there are some exceptions. But since the secretary works in the aircraft dealership which is not in the group mentioned under the exemption in the law, the employee is entitled to receive the overtime pay; therefore, the employer is violating the rights of the secretary (WHD, 2018).
As stated by the FLSA, an employer who fails to comply with the overtime pay rules may face different penalties which include criminal charges, lawsuits, commerce restrictions and fines. The FLSA grants the employees who do not get overtime pay which they are entitled to sue their employers. The employees can either sue their employer through collective action or individually, which may accrue a substantial cost to be defended by the employer. In that case, the employer may face criminal charges for willingly violating overtime wages, which the employer will be ordered to $10,000 fine or may face up to six months imprisonment (or both imprisonment and fine) for subsequent or second violations (Haylor, 2016).
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Secondly, the employer is subject to civil fines requirements which amount to $1, 100 per violation for repeated or willfully overtime payment violation. Additionally, the FLSA prohibits such an employer from shipping good produced in law violation to interstate commerce. The word repeated refers to an employer who violates the overtime payment law after previously receiving a notice from an authorized agent of the government that it was a law violation (Haylor, 2016).
References
Haylor, F. (2016). HR Toolkit: Overtime rule. Retrieved March 5, 2018 from http://www.haylor.com/wp-content/uploads/2016/06/HR-Toolkit-Overtime-Rule.pdf
U.S. Department of Labor Wage and Hour Division (WHD, 2018). Overtime pay requirements of the FLSA. Retrieved March 5, 2018 from https://www.dol.gov/whd/regs/compliance/whdfs23.pdf
