Page 95 - An Indispensible Resource for Being a Credible Activist

http://www.jan.wvu.edu/Erguide/Three.htm
http://www.workplacefairness.org/resources

I know we share a strong commitment to consistent application of all (Company)’s poli-
cies to all employees as well as compliance with all relevant city, state, and federal laws
related to the FMLA.
Additionally, I know we share an awareness of the importance of precedent in our deci-
sion-making processes and our handling of FMLA issues in a legally compliant manner.

SAMPLE MEMO REGARDING FLSA CONCERNS
On letterhead, in interoffice memo format, or via e-mail

CONFIDENTIAL
To: President of (Company) (also include your supervisor, Legal, Finance, payroll)

From: Your Name
Date:

Re.: (Company)’s Compliance with FLSA
I am recommending that my attached audit dated ________ be used to change the FLSA
status of the attached list of employees so that (Company) avoids FLSA penalty fines
from the DOL, lawsuits from those who have not been compensated properly according
to FLSA laws, the possibility of angry employees voting to bring a union to (Company),
and negative publicity for (Company).
I have reviewed all up-to-date job descriptions for these employees, have confirmed with
their supervisors that they are accurate, and have reviewed their job duties with the most
recent FLSA training and guidance information available from the DOL. (If true: I have cul-
tivated an excellent working relationship with ___________ at the DOL, who has given
me guidance regarding any of the job descriptions that may land in an FLSA-status that is
unclear.

I also recommend that (Company) acknowledge previous misclassification of those
employees listed with an asterisk next to their name, apologize for the error, and reim-
burse them for any unpaid wages plus interest going back to whatever date is necessary.
This will demonstrate (Company)’s good will and commitment to remaining legally com-
pliant with all relevant labor laws, and will serve to help keep (Company) union-free.

78 The H R Toolkit