| After receiving correspondence from the Department of Labor notifying the practice owner of an audit, practice owners often ask, “Why am I being investigated?” The following list includes reasons and complaints that may instigate a Department of Labor audit investigation: |
| – A complaint by a current or former employee regarding alleged improper compensation practices – Alleged non-compliance complaint – A complaint that job descriptions do not accurately reflect the work employees actually perform – Non-exempt employees not being paid for all of the work they perform – Form 5500 issues – Improper classification of exempt employees – Family and Medical Leave Act (FMLA) compliance – Lack of independent contractor status verification – Overtime compliance issues – Inadequate wage & hour record keeping systems |
| Department of Labor compliance officers typically check dental practices for the following: |
| – Improper minimum wage and overtime payments – Unrecorded and improperly paid work – Improper straight salary compensation of employees – Minimum age requirements for employees – Falsification of personnel, payroll, or time keeping records – Grounds for discrimination charges on equal pay for equal work – Possible discrimination charges for wage and salary policies affecting employees over the age of 40 – Improper payroll deductions on garnishees, tools, uniforms, and company merchandise |
Author(s)
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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