Wage & Hour Division Investigation Checklist – Document Production & On-Site Inspection

Document Production Dos: 
– Label all documents produced with the words “Confidential and Proprietary” and identify numbers for tracking and future reference
– Question requests for trade secret and confidential business information
– If you produce trade secrets and/ or confidential business information:
– label it as such
– produce documents under cover sheets for protection
– Make and keep duplicates of every record produced to the Department of Labor
– Track all documents produced to the Department of Labor
Document Production Don’ts:
– Generate documents during an inspection
– Leave documents and information in plain sight
– Give more documents than requested
– Volunteer information
On-Site Inspection Activities:
– During the on-site investigation, the investigator may:
– give employees his or her business card and advise employees that they may call at another time
– conduct “stop and talk” interviews
– take handwritten notes of practices that may violate the FLSA
– identify alleged violations and suggest corrective action
– During the investigation, the employer should:
– escort the investigator at all times
– be polite and professional while protecting your rights by limiting disruption during hours of operation
– gather intelligence regarding the investigation’s focus by tracking:
– which employees the Department of Labor would like to interview
– subject of the questions asked
– subject of the investigator’s handwritten notes
– take detailed notes about everything the investigator says, does, or asks