Navigating DOL Wage and Hour Investigations: Employer Preparation, Cooperating With Investigators, Settlement Options

This CLE webinar will provide a comprehensive overview of how to assist clients with navigating a U.S. Department of Labor Wage and Hour Division (WHD) investigation, including what employers should expect from investigators, how employers can prepare for and cooperate with the investigation, potential damages and penalties, possible settlement options, and best practices for mitigating the risk of enforcement action.

The U.S. Department of Labor recently obtained a consent judgment requiring a California construction contractor to pay $790,000 in back wages, liquidated damages, and penalties after a federal investigation found the employer failed to pay the federally required minimum wage and overtime to their workers. The investigation found that the employer failed to keep accurate records of hours worked, including travel between job sites or work performed on the weekend, and failed to pay their employees the required time-and-a-half for all hours worked over 40 in a workweek.  

Given the complexity of the Fair Labor Standards Act's (FLSA) requirements—including accurately calculating an employee's regular rate of pay to ensure adequate overtime pay, capturing all time considered to be "working" time, and determining whether a position qualifies for an overtime exemption where the determination is usually fact-specific—it is no wonder that many employers become targets of WHD investigations.

Counsel must be able to guide employers through the WHD investigation process, including what to expect of the process, how to prepare for and cooperate with the investigation, and what potential damages and penalties may be awarded. Counsel should also understand how to help clients develop processes to mitigate the risk of enforcement action.

Listen as our expert panel provides a comprehensive overview of WHD investigations and offers best practices for helping employer clients navigate the process.