Many professional, administrative or managerial employees will qualify as exempt employees. Your actual job duties, not your title or job description, will determine whether you are exempt. If you believe your employer or former employer has not complied with the Fair Labor Standards Act, you have two options. The other option is to go to a private attorney and file suit directly in court. Both options are discussed below.
Top priority goes to complaints of violations affecting employees' safety or welfare.
Once the investigation begins, the investigator will interview employees, members of management, and review the employer's records. The investigation may last several weeks or several months depending on the complexity of the case and the case load of the regional office which is investigating the complaint. However, if the agency files suit and the case proceeds to trial, confidentiality can no longer be assured. This process may be quicker because you will not have to wait for the government to complete an investigation before going to court. In addition, you can recover your attorney's fees from the employer if you prevail.