| Protect Employer Interests: |
| – Notify the team leader, your attorney, and other individuals included in your notification plan – Clarify the scope of the investigation – Only gather documents relating to the scope of the investigation; never provide more than what is asked – records may be redacted to delete addresses, social security numbers, and other confidential information irrelevant to the investigation – Employers should have a representative present to protect their rights and interests during a Department of Labor investigation. Investigators must wait a reasonable time (not to exceed one hour) for the representative to arrive. – Always verify the compliance officer’s credentials – The Department of Labor generally gives 72 hours to respond to investigative demands. A subpoena should be considered if: – you need more time before the investigation – the Department of Labor refuses to negotiate a reasonable scope and procedure for the impending investigation – If deciding whether or not to consent to the investigation, consider the following risks and benefits:the risk of looking like there is something to hide from the Department of Labor – the loss of control over the scope of the investigation – the benefit of cooperating with the Department of Labor – the benefit of negotiating the scope and procedures of the investigation – The investigator may not interfere with normal business operations |
| The Opening Conference: |
| – The Wage & Hour Investigator will – describe the scope and duration of the investigation – make the Department of Labor’s first request for documents and information – Your team leader should – introduce the response team – resolve the subpoena question – ask for clarification – describe document production protocol – delivered in writing – provided to wage & hour counsel – discuss employee interview protocol – be prepared to produce copies of – the previous 3 years of time and payroll records – written policies, practices, and procedures – arrange daily meetings with the investigator to: – learn identified concerns – consider proactive measures – schedule interviews with the requested employees – track the time of each interview – manage the audit to a rapid conclusion |
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.
Read More =>
