I was just informed that the Department of Labor will be investigating my company for wage-and-hour issues. What should I do?

A:

While an investigation into your pay practices does sound intimidating, you can make it out alive by preparing and acting immediately. You most likely only have three days to prepare—just 72 hours—before an investigator arrives at your business. When preparing for an investigation, you need to gather all the original paychecks and payroll records for the time period you are being investigated. If you cannot locate the original documents, admit it instead of re-creating them.

Also, it is critical to involve an experienced Austin business attorney to help you get ready for the audit your company will be going through. Just remember that the Department of Labor (DOL) will be looking for compliance with the Fair Labor Standards Act (FLSA), which means that you need to make sure your company has followed, and is still following, overtime labor laws.

A lawyer can help review with you and your staff what the DOL investigation will look like and what you can expect. For example, the investigator will walk around your premises to account for everyone on your payroll record, they will talk with exempt and non-exempt employees about your wage-and-hour practices, and even ask for a list of exempt employees who have left your company in the past two years. Their goal is to determine if exempt employees were truly exempt and to secure back pay for employees who have been underpaid.

Remember to always review any information prior to handing it over to the investigator, and be respectful to the investigator.

Our Texas employment law attorneys at the Posey Law Firm can help you. Call us today, toll free at 888-269-1962, or locally at 512-646-0828 to set up a consultation.