Department Of Labor Audits: What You Need To Know

July 8, 2024, 9:32 pm

United States v. Quality Stores. This may include a finding that back wages are owed or that the employer must make other changes, such as reclassifying certain employees or updating policies or posters. DOL oversees the enforcement of several federal laws, including the Fair Labor Standards Act ("FLSA") and the Family and Medical Leave Act ("FMLA"). Sample Answer: "I have very good organizational and time management skills, but my greatest strength is my ability to effectively handle multiple projects and deadlines. This article originally appeared in the November/December 2014 issue of Colorado Green. Wage and hour investigator interview questions glassdoor. I can't tell you how many times a future employee or new employee would reach out to me and not completely understand what was required of them in the position or the recruiter didn't explain to them what a typical day with the company would be like. Do you find it more natural to point out what's wrong so employees can accomplish tasks competently OR to praise employees for their work and then point out what may need correcting? Date, date, and duration. As a means of justifying its enforcement activities, the DOL is much more likely use newspaper and website publicity that names the employer and the amount of a settlement. When an employee calls the Wage and Hour office with a complaint, the information is recorded and analyzed to determine whether or not it is likely that the employer is violating one of the labor laws enforced by the agency.

Wage And Hour Investigator Interview Questions 2021

Describe how you like to be managed, and the best relationship you've had with a previous boss. And instead of one investigator, they'll send five. Wage and hour investigator interview questions california. When an employer receives a complaint of alleged harassment in the workplace, they must know the important workplace harassment investigation questions and investigate the incident immediately, no matter how trivial the complaint may seem. Secrets of a former DOL auditor|. Other events that may trigger an audit include union complaints, overlap of W-2 and 1099 forms for the same worker, an unemployment or workers' compensation claim filed by an independent contractor, or receipt of an IRS SS-8 Form seeking government determination of classification status from an independent contractor. The federal government's Department of Labor's Wage and Hour Division ensures that employers are in compliance with the Fair Labor Standards Act (FLSA). What did each person in the incident do and say?

Are allowed to sit in on these interviews. White v. Baptist Memorial Health Care Corp. - Wilson v. City of Central City. Where did it take place? Department of Labor Audits: What You Need to Know. Who else was involved? Legal counsel can educate employees on what to expect, inform them that interviews are voluntary, and that they have certain rights in the course of the interview (such as demanding a copy of any written statements or examining documents that are in discussion). Sample Answer: "Hello, my name is Brian Murphy.

How did you resolve the problem? Failure to maintain records and overtime payment to non-exempt employees; 2. Employers Should Be Prepared for a DOL Wage and Hour Audit. But even if you are willing to put up with working for a company that might not be the right fit, you need to know as much about the company as you can before committing to the company. A growing minority of investigations are initiated through industry wide action plans, not a complaint. The audit process includes the following steps: 2. At what rate am I paid for report time? Unfair Labor Practice.

Wage And Hour Investigator Interview Questions Glassdoor

Resources for Trainers. University of Texas Southwestern Medical Center v. Nassar. Penalties under the FLSA are only assessed for child labor violations and repeat violations. When it comes to giving information to employees that can be done either way, do you prefer to write a memo OR talk to the employee? Do you know whether anyone complained about harassment by that person? Why do you think a team of people – sports team, work team, may not work well together? Your audit likelihood increases based on two factors: - if you are in an industry or subject matter area targeted for a compliance initiative by the DOL. Control Your Supervisors. This helps to demonstrate your preparation and interest. Reason: They might not answer this question in the interview but typically companies have an idea as to what rate they bring in new investigators. Social Networking Online Protection Act (SNOP). Dealing with the DOL at Your Door, Part II: McBrayer PLLC. Federal Department of Labor. It is their duty to investigate regardless of whether or not the complainant wants an investigation or not.

EEOC-Approved Sexual Harassment Investigation Interview Questions. Megivern v. Glacier Hills Incorporated. Describe the types of network security features you have implemented or maintained in the past. If you tell them to get a subpoena, they will. Class Action Waivers. If the investigator asks for information that includes trade secrets or proprietary information, be sure to properly label the documents as such. Mine Safety and Health Administration ("MSHA"). As soon as possible after receiving notice of the audit, employers should gather and organize the employee and wage records requested for the auditor's review. Wage and hour investigator interview questions 2021. In the event of a Department of Labor audit, employers should: 1. If I do, are there restrictions when I can take it? Questions to Ask Third Parties: - What did you see or hear?

The EEOC also provides that after remedial action, the employer must make follow-up inquiries to ensure that the victim has not suffered any unlawful retaliation and that the harassment has stopped. Now more than ever, employers should carefully plan for the worst-case scenario: an unannounced knock on the door. Is there anyone who can corroborate your statement? Is there is a certain amount of time that isn't paid for travel? It is a suggested course of action—not a substitute for individualized legal advice. Companionship services. If you say no, intervieweres will usually dig deeper until you can give then an answer. Describe what you would say if asked to talk about yourself in a group of 15 people. EEOC v. The Founders Pavilion. All investigators have the standard questions that they should ask employees in these cases. I have worked for other companies that put the scheduling of files in the hands of the investigator (where it should be).

Wage And Hour Investigator Interview Questions California

If we were able to interview a few of your past employees, how would they describe your supervisory style? I'd greatly appreciate any help that can be given. Use a private interview room that is available only to you and auditor for the purposes of the audit; 2. One of your employees comes to you complaining about another employee and insisting they should no longer work together. Ability to explain which job categories are being treated as exempt from overtime and the basis for those exemptions; 3.

This is the time to thank the interviewees for their time and give them your contact information when they remember something related to the incident. Even if the investigator comes up with a number, remember there is a chain of command that you can use for further negotiations. However, it can happen, particularly in cases where s/he makes a counter-complaint against the "victim" or complainant or the third party who may have reported the incident. U. S. DOL Resources |. Reason: Every investigation company is different. I can't stress enough how important it is for you to find out about the company as much as they want to find out about you. Ensure that the investigator is accompanied throughout the fire station by the fire chief or his/her designee at all times. As every lawyer knows, a leading question is the best way to get the answer you want; particularly, if the witness is in an uncomfortable position of being quizzed by a government enforcement agent. Tell me about a situation you wish that you had handled differently based on the outcome. There is a reason investigators don't stay long with a company. Preparing for an Investigation. In your opinion, how does managing a staff of technical workers differ from managing other kinds of workers? Suppose you are in a situation where deadlines and priorities change frequently and rapidly.

Search: Search Westlaw. Did the person who harassed you harass anyone else? Employee Personnel Files. Are they hiring because the business is growing?

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