le to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages.In section 11 of the Portal-to-Portal Act of 1947 (29 U.S.C. § 260), Congress amended the FLSA to add a specific safe harbor against liquidated damages claims:In any action … to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the [FLSA], if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the [FLSA], the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed [the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be].The DOL has the authority investigate alleged violations of the FLSA (see 29 U.S.C. § 211(a)), as well as to supervise settlements of FLSA claims and litigate against employers charged with violating the statute (see 29 U.S.C. § 216(c)).Trump DOL Abandons LDs… in Most CasesIn May 2020, President Donald J. Trump signed Executive Order (EO) 13924, which required the DOL and other executive agencies to remove certain regulatory and enforcement barriers to economic prosperity in an effort to help defeat the impact of COVID-19 on the American economy.

Additionally, the FLSA requires employers to keep "records of [its employees] and of the wages, hours, and other conditions and practices of employment." 29 U.S.C. § 211(c). According to plaintiffs, Tyson violated the FLSA because it should have but did not record, and compensate, them for the time in excess of 40 hours spent "donning and doffing" protective gear.

Additionally, the FLSA requires employers to keep "records of [its employees] and of the wages, hours, and other conditions and practices of employment." 29 U.S.C. § 211(c). According to plaintiffs, Tyson violated the FLSA because it should have but did not record, and compensate, them for the time in excess of 40 hours spent "donning and doffing" protective gear.

c. RecordkeepingIn addition to its minimum wage and overtime requirements, the FLSA mandates that employers keep records regarding its employees, their hours worked, and their compensation. 29 U.S.C. § 211(c); see also 29 C.F.R. Part 516. The recordkeeping requirements apply to employers of domestic service employees.

Similarly, the Age Discrimination in Employment Act allows the EEOC to “question employees” but does not specify whether an employer must allow such questioning on premises or, in this case, by using an employer’s work-related e-mail server. 29 U.S.C. §626(a); 29 U.S.C. §211. And, California’s Fair Employment and Housing Act allows the Department of Fair Employment and Housing to investigate charges of discrimination but does not explicitly require an employer to provide access to its property in order to facilitate such an investigation.

Based on the Equal Pay Act (EPA), the EEOC can initiate a "directed investigation" and has broad based investigation rights pursuant to investigation procedures adopted from the Fair Labor Standards Act. See 29 U.S.C. §§ 211 (prohibitions relating to the EPA), 206 ("The Administrator or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment as he may deem necessary or appropriate to determine whether any person has violated any provisions of this chapter").10EEOC Meeting, Public Input into the Development of EEOC’s Strategic Enforcement Plan (July 18, 2012) (written testimony of Marc Bendick), available athttp://www.eeoc.gov/eeoc/meetings/7-18-12/bendick.cfm.11EEOC Meeting, Public Input into the Development of EEOC’s Strategic Enforcement Plan (July 18, 2012) (written testimony of Gary Siniscalco), available athttp://www.eeoc.gov/eeoc/meetings/7-18-12/siniscalco.cfm.12 EEOC personnel from the field included Reuben Daniels, Charlotte District Director; William Cash, Little Rock Area Office Director; Elizabeth Grossman, Regional Attorney for the New York District Office; and John Hendrickson, Regional Attorney for the Chica