How to confront employer about a violation of labor law?

[Wcross]

My employer announced we will be required to complete a "community service" project as part of our yearly assessment. Failure to comply will result in a loss of 1/2 of the yearly bonus.
We have to do a project on the company approved list. Some employees have been able to complete the required project during their normal work hours due to the non-critical nature of their jobs. Others (myself) have been told I must complete the work on our own time, off the clock.
I can not use my current volunteer activities to cover this requirement.
I have found this opinion letter from the department of Labor;
http://www.dol.gov/esa/whd/opinion/F...27_04_FLSA.htm.

Here's the pertinent part of ESA's opinion:

Therefore, we caution that volunteer activities _must be truly voluntary and any coercion or pressure, whether direct or indirect by the to participate in this program outside of [] duty hours would negate the voluntary nature of the program._ WH Opinion Letter January 29, 1999 (copy enclosed). As explained below, employers may encourage their employees to volunteer their services for public or charitable purposes outside of normal working hours without incurring an obligation to treat that time as hours worked so long as participation is optional and non-participation will not adversely affect working conditions or employment prospects.

So, how would you confront your employer? I would rather have them clarify the requirement and not break any labor laws. Other people I work with are talking about letting them keep the bonus then filing a lawsuit after the fact.
Whats the best way to handle it?

[Taverner]

1. "You've been served"

Honestly, any other method gives them time to clean up for the cameras

[philosophie_en_rose]

2. Consult an employment lawyer or state Department of Labor

If all that you want is for your employer to correct the issue, I'd let them have the opinion letter. You can do it anonymously or not. Your choice. Then, your employer can make an informed decision about whether to violate the law.

If they don't change anything, you might have an issue about payment for all hours worked, as well.

But bonuses seem to be discretionary. They may have to pay you your normal rate for "hours worked," but I don't know that they are obligated to pay a bonus.

[fizzgig]

3. i would suggest doing it before hand

i don't know that the company's lawyers would be able to win with a defense of "if it was such a big deal, why did you do it in the first place" defense, but don't make their case easier for them.

i would sit down with your employer, show them the letter and make it crystal clear what you intend to do if they make you go through with the project.

[electprogdems]

4. uh, wait for democratic administration?

yes I am being sarcastic, but really, think Elaine Chao gives a rip about labor violations?