Oberman Law Firm

OBERMAN LAW FIRM

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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

Author(s)

Stuart J. Oberman, Esq.
President & CEO | Website | + posts

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 28 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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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 28 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. <strong><a href="https://obermanlaw.com/people/stuart-j-oberman/"><span style="color: #0059b8;">Read More =></span></a></strong>

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