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 |
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