What is the DOL?
Whatever the truth of the circumstances, it is a reality for some employers to face scrutiny and investigation from the US Department of Labor (“DOL”) regarding labor practices and standards. The highest government labor enforcement authority in the land, DOL is responsible for administering and ensuring compliance with numerous federal labor and employment laws. DOL has the authority to subpoena, litigate, levy fines, recover wages, interview employees and supervise employer activity. In other words, they can and will throw the book at an employer with the full force of federal law in the name of compliance and recovery. Their broad purview includes:
- Occupational health and safety
- Wage and hour violations
- Family Medical Leave Act
- Immigration employment standards
For more information, check out this Department of Labor fact sheet.
When they come knocking
An employer’s best defense against DOL investigation is, of course, compliance with federal law. But DOL scrutiny can happen at any time and in response to an anonymous complaint from employees, parents of employees, customers, etc. An employer may not even be aware of their violations, perhaps because they have taken place at other worksites or locations. A DOL investigation may indeed encompass violations at more than one location or beyond those instances covered in the initial complaint. Furthermore, it is important to note that any complaint to the DOL can open an employer to scrutiny for all issues covered by the Department’s expansive purview.
The bright side
The good news is that the mission of the DOL is generally to assist with attaining compliance while the employer continues operations, rather than to administer punishment for a first offense. The more an employer cooperates with the investigative process, the more likely DOL is to act as a resource rather than an adversary. So it is important to demonstrate good faith and cooperate fully. Furthermore, the longer the DOL’s investigation or activity regarding employer violations — and the more thorough the employer’s eventual compliance and corrective actions — the lower the likelihood that one of its employees will instead seek a correction through a plaintiff counsel.
Don’t do it alone
It is crucial for an employer to use experienced legal counsel who know the best methods for corresponding with the DOL. Sure, the employer is paying for an attorney to assist them while dealing with the investigative action, but this is much less expensive than one or more lawsuits with a plaintiff’s attorney, to whom a federal judge will require the employer to pay attorneys’ fees and costs, as well as the employee’s wages and liquidated damages. We at Fernee Kelly Law are experienced in these matters and fully equipped to assist employers in dealing with the DOL.