Today, I am empowering all of my readers with a
superpower. As the saying goes, with great power comes great responsibility, so
exercise this gift wisely and judiciously.
On Friday, Walter Olson, on Overlawyered, asked the
following question, "If
I could press a button and instantly vaporize one sector of employment law..."?
My answer-the Fair Labor Standards Act. The FLSA needs to
go because compliance is impossible. Congress enacted the FLSA during the Great
Depression to combat the sweatshops that had taken over our manufacturing
sector. In the 70+ years that have passed, it has evolved, via a complex web of
regulations and interpretations, into an anachronistic maze of rules that even
the best-intentioned employer cannot hope to comply with. I would bet any
employer in this country a free wage and hour audit that I can find an FLSA
violation in your pay practices. A regulatory scheme that is impossible to meet
does not make sense to keep alive. Instead, what employers and employees need
is a more streamlined system to ensure that workers are paid a fair wage.
Readers, what employment law would you get rid of? Leave
your thoughts on my blog's comment section, on Twitter, or on my Facebook
Page. I'll collate and publish them in a future post.
Visit the Ohio Employer's Law Blog for more
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with offices in Cleveland and Columbus. For more information, contact Jon Hyman, a
partner in our Labor
& Employment group, at (216) 736-7226 or email@example.com.