Wage & Hour Division Audit – Preliminary Inspection Issues & Opening Conference

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