What Does A Wage And Hour Investigator Do?

Can I sue my employer for not paying me correctly?

If your employer refuses to pay you what you’ve earned, you have every right to sue them for those unpaid wages.

This is also true for workers who quit or were fired and haven’t yet been compensated for their final days or weeks of labor.

If you worked before your termination, you made money and deserve to see it..

What is a wage and hour audit?

Accordingly, a wage and hour audit, when done properly with legal counsel, provides employers the opportunity to receive legal advice and direction regarding wage and hour laws and regulations, which may then provide the employer with a good faith defense in subsequent litigation.

How long should an investigation take?

Some investigations might take longer depending on the case and how many people need to give information. For example, a simple case might only take a day to gather enough information, whereas a more complicated case could take several weeks.

What happens when employers violate labor laws?

Potential penalties of breaking federal labor laws Employers can face severe penalties and fines for violating federal labor laws. Employers may even be required to pay an employee back pay. If the employee was fired for wrongful reasons, the employer may have to reinstate that person as an employee.

How long does an employer have to pay you back pay?

Employees have a right to claim their wages for up to 6 years after the amount became due and payable. For example, if you were employed for 3 years and underpaid for that whole period and your employment ended a year ago, you will be entitled to be back paid for that entire period.

How do you survive a DOL audit?

How to Survive a DOL AuditContact 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.More items…•

Why does an investigation take so long?

Federal Criminal Cases are More Sophisticated Two, usually federal cases are more sophisticated and involve more moving parts than state cases and that’s why the federal cases are taking longer to file. The feds don’t just file any case.

What are the steps in an investigation?

How to Conduct an InvestigationStep 1: Ensure Confidentiality. … Step 2: Provide Interim Protection. … Step 3: Select the investigator. … Step 4: Create a Plan for the Investigation. … Step 5: Develop Interview Questions. … Step 6: Conduct Interviews. … Step 7: Make a Decision. … Step 8: Closure of Investigation.More items…•

What happens after an investigation meeting?

After an investigation, the employer might find there’s no evidence to carry on with the disciplinary or grievance procedure. … If the employer finds there’s an issue that cannot be resolved informally, they should carry on with the procedure for either: discipline: the disciplinary hearing. grievance.

What can I expect from a Department of Labor 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.

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.

How do you conduct a wage and hour audit?

Wage and Hour Self-Audits ChecklistPreserve the Attorney-Client Privilege/Work Product. … Evaluate Employer’s Wage and Hour Policies and Procedures. … Ensure Employer Corrected Previously Identified Shortfalls. … Confirm Accuracy of Employee Classifications. … Evaluate Independent Contractor Classifications. … Review Employer Internship Programs.More items…•

What should you not say to HR?

‘Please don’t tell … ‘ In many cases, what you tell your HR rep will remain confidential. But a good rule of thumb is that if you’re discussing something illegal going on in your company, or you’ve been harassed or assaulted in any way, it won’t stay quiet for long.

What reasons can you sue your employer?

Top Reasons Employees Sue Their EmployersPoor Treatment. You may not feel like every employee needs to be treated like royalty, but they should be treated with respect. … Retaliation for Protected Activities. … Terrible Managers. … Not Following Your Own Policies. … Mismatched Performance and Performance Reviews. … Not Responding Properly to an EEOC Charge.

Can I call the police on my boss for not paying me?

No, you cannot call the police as this is a civil not criminal matter. However, you still have recourse. However, you can sue your former employer in small claims court for all amounts owed you, plus court costs. Additionally, a wage claim can be filed with your state’s department of labor, which you have already done.

How long does it take for the Department of Labor to investigate?

six monthsThis varies depending upon the complexity of the case and how cooperative the parties are. We usually complete an investigation within six months, although it could be much shorter or longer than this.

What triggers a Department of Labor audit?

According to the Society for Human Resource Management the most common reason for a DOL audit is a complaint from an employee” —so ensuring that all employees are onboard and well-informed can help you avoid an audit or resolve one successfully.

What does the labor board do for you?

The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative.