The U.S. Department of Labor (DOL's) Wage and Hour Division (WHD) has the authority to conduct inspections of workplaces and bring enforcement actions against employers found to be in violation of the Fair Labor Standards Act (FLSA) and other related laws governing wage payments. As the FLSA gives the DOL broad investigative authority, it is critical for employers to prepare for, and assert their rights and manage the flow of information during investigations.
We have managed and counseled clients through many US and NY DOL audits and inspections over the years, and we have put together the following memo to give an overview and help clients prepare for such an investigation. Of course, as each business is different, there is no one-size-fits-all method for dealing with every DOL audit. We welcome the opportunity to discuss with you to tailor an approach that works for you and your business.
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