What is a wage and hour investigator?
According to DOL’s website, “the WHD conducts investigations for a number of reasons, all having to do with enforcement of the laws and assuring an employer’s compliance. WHD does not typically disclose the reason for an investigation. Many are initiated by complaints, and all complaints are confidential.”
What triggers a DOL investigation?
Triggers for a DOL Audit Participant or employee complaints about the benefit plan. Late or incomplete filing of the Form 5500. Alternative investments in the plan. Improper or excessive fees paid to service providers.
What does a labor investigator do?
Examines payrolls to ascertain whether employees are being paid in accordance with state labor laws. In cases of non-compliance, compute back wages. Interviews employees on the job and at home to obtain full information concerning hours, wages and working conditions.
What is a DOL investigation?
What is a DOL audit, anyway? The Wage and Hour Division conducts audits to enforce federal labor law (namely the FLSA). During a Wage and Hour Division audit, the DOL investigator will review payroll, employment records, and overall employee rights in the workplace.
How far back can a DOL audit go?
When conducting an audit, Department of Labor wage and hour auditors typically inspect employer payroll records for the past two years, reviewing records of both current and former employees.
What can I expect from a DOL audit?
During a Wage and Hour Division audit, the DOL investigator will review payroll, employment records, and overall employee rights in the workplace. After the investigation, the auditor will determine whether there has been a failure to maintain correct records or any other DOL violations by the employer.
Does the Department of Labor do random audits?
In many cases, the feds’ audits are completely random. That means there’s nothing HR pros can do to guarantee their company won’t get audited. The DOL has the authority to show up at your doorstep whenever it wants.
Does the DOL do audits?
Employers should keep in mind that the U.S. Department of Labor (DOL) can audit employers at any time, although the most common reason for an audit is a complaint from an employee. The DOL typically provides little advance notice of an audit. However, you can request time to gather records.
How do you survive a DOL audit?
How to Survive a DOL Audit
- Contact the auditor to find out specific information about the audit.
- Gather the records in accordance with guidance provided by the auditor.
- Designate one or two company representatives to work with the auditor.
- During the audit, be courteous to and cooperative with the auditor.
What do payroll auditors look for?
A payroll audit is an analysis of a company’s payroll processes to ensure accuracy. Payroll audits examine things like the business’s active employees, pay rates, wages, and tax withholdings. You should conduct a payroll audit at least once per year to verify your process is up-to-date and legally compliant.
What is the law on wages and hours?
Wage and hour laws are laws that govern the wages rates an employer can pay its employees and the hours for which an employer must compensate its employees. The most well-known wage and hour laws are minimum wage laws and overtime laws. They also include child labor laws and meal and break laws.
What are some examples of wage and hour violations?
Misclassifying employees
What are the penalties for wage and hour violations?
Penalties for violations of the State Wage and Hour Laws are as follows: Fine of $500 to $1,000 for a first violation (or imprisonment of 10 to 90 days); and Fine of $1,000 to $2,000 for a second or subsequent violation (or imprisonment of 10 to 100 days).
What are wage and hour rules?
Wage and hour laws govern the basic standards for minimum wages and overtime pay in the workplace. The main wage and hour law is the Fair Labor Standards Act (FLSA). Among other things, the Act covers these main issues: Employers are required to abide by the rules set out in the Fair Labor Standards Act (FLSA).
