What to expect if you are investigated by the WHD (part 2)
Many employers are investigated by the Department of Labor's (DOL) Wage and Hour Division (WHD). According to the DOL, 28,242 WHD cases were investigated and closed during 2008, which was the last year data was released. If a company is under investigation, one of the first things the WHD will do is ask supervisors to hand over employee attendance records.
The WHD will use these documents to help determine whether the business is adhering to the Fair Labor Standards Act (FLSA) or upholding the Family and Medical Leave Act, as well as checking for other industry-specific points of compliance, such as migrant and seasonal agricultural worker protections.Investigators might also ask to interview employees to learn more about payroll practices.
If employers are found in violation of the FLSA or another labor rights act, it's important that they do not destroy or withhold any records, reports California Employer Daily. It can be even more damaging if companies tamper with evidence.
When a business' employee attendance practices are found to be non-compliant, the WHD might order it to issue back wages to affected employees, pay penalties or simply implement the tools and policies required to align its payroll with the FLSA.
The WHD will use these documents to help determine whether the business is adhering to the Fair Labor Standards Act (FLSA) or upholding the Family and Medical Leave Act, as well as checking for other industry-specific points of compliance, such as migrant and seasonal agricultural worker protections.Investigators might also ask to interview employees to learn more about payroll practices.
If employers are found in violation of the FLSA or another labor rights act, it's important that they do not destroy or withhold any records, reports California Employer Daily. It can be even more damaging if companies tamper with evidence.
When a business' employee attendance practices are found to be non-compliant, the WHD might order it to issue back wages to affected employees, pay penalties or simply implement the tools and policies required to align its payroll with the FLSA.
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