Quote

LEC & The U.S. Department of Labor
Author:ESumerlin
Date: 1998/01/23
Forum: alt.fan.landmark

I received a letter today from the U.S. Department of Labor stating that
they had completed an investigation of Landmark Education and
determined that volunteers of Landmark were employees subject to
the provisions of the Fair Labor Standards Act. LEC did not agree
with the determination.

If an employer is found to have violated the wage and hour laws,
an employee is entitled to: back pay, liquidated damages equal
to the amount of unpaid back wages and attorney and court costs.
There is a 2 year statue of limitations which is extended to 3 years
if the employer's violation was intentional. This is from the book:
"Every Employee's Guide to the Law".

Quote

For anyone who hasn't previously seen me post this, I have a letter
from the DOL stating that they determined the volunteers of LEC
are employees subject to the Fair Labor Standards Act. LEC
did not agree. Someone who has volunteered for LEC will either have
to file a complaint with the DOL or start a class action suit to
settle it. There is a 2 year statute of limitation, 3 year if the
violation is found to be intentional.

Quote

Controversy surrounding Landmark's estimated 7500 unpaid laborers has placed the company at the heart of an ongoing investigation by the US Department of Labor. Roger Gayman is a spokesman for the Department of Labor in San Francisco, where Landmark is based. In March of 2006, he confirmed that the DOL has launched an investigation into Landmark’s labor practices. “It’s an ongoing investigation,” said Gayman. “At this time I can’t comment on this or any prior investigations involving Landmark Education.”

Quote

The FLSA contains a two-year statute of limitations (three-years for willful violations). This means that any part of a back wage claim which was earned more than two years before a federal court lawsuit is filed may not be collectible.
Accordingly, to ensure WHD can complete its investigation before the statute of limitation expires, employees should file complaints with WHD as soon as the violation occurs but no later than 18 months after the violation occurred.

Quote

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

Quote

Covered nonexempt workers are entitled to a minimum wage of not less than $5.15 an hour, effective September 1, 1997. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.

Wages required by FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA.

Quote

All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by FLSA.

A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and -

(1) whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of
excise taxes at the retail level that are separately stated); or
(2) is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the
aged, or the mentally ill who reside on the premises; a school for mentally or physically disabled or gifted
children; a preschool, an elementary or secondary school, or an institution of higher education (whether
operated for profit or not for profit); or
(3) is an activity of a public agency.

Quote

I wonder what kind of racket the Department of Labor was running when it investigated Landmark and determined its volunteers were employees subject to the provisions of the Fair Labor Standards Act. Who's heard of volunteers for a for-profit?

Quote
ajinajan
I have reason to believe from a reliable source that the Department of Labor would like to talk to individuals who have experience volunteering at Landmark Education in any capacity.

The contact person at the United States Department of Labor is:

[b:860595e921]Rebecca Clark, United States Department of Labor, Wage and Hour Division
clark.rebecca@dol.gov = email

415-744-5590 extension 240 = phone, or ask for Rebecca[/b:860595e921]

Quote
Excalibur

Quote
ajinajan
I have reason to believe from a reliable source that the Department of Labor would like to talk to individuals who have experience volunteering at Landmark Education in any capacity.

The contact person at the United States Department of Labor is:

[b:1c19357c04]Rebecca Clark, United States Department of Labor, Wage and Hour Division
clark.rebecca@dol.gov = email

415-744-5590 extension 240 = phone, or ask for Rebecca[/b:1c19357c04]

Excellent job ajinajan. You are to be commended. I wonder if we should email Ms. Clark with links to the Rick Ross and other cult information websites and point her in the direction of Landmark's volunteer program?