Who can bring a claim under the FLSA?
§ 216(b) of the FLSA provides individual employees a private right of action to correct minimum wage and overtime violations. In addition, § 216(c) of the FLSA allows the U.S. Department of Labor (the “DOL”) to bring actions on behalf of employees for these same violations. In this capacity, the DOL can seek both legal and equitable relief. It has the authority to institute proceedings to recover monetary damages and to seek injunctive relief against an employer violating the overtime or minimum wage provisions of the FLSA. The FLSA also empowers the DOL to enforce other provisions of the FLSA, including its provisions on record-keeping, hot goods and child labor. Although the FLSA allows both employees and the DOL to pursue actions, the two parties generally cannot seek relief concurrently for the same matter. Indeed, once the DOL brings an action for monetary damages on behalf of an employee, that employee’s right to bring a claim is automatically terminated. Furthermore, an employee
