NYC Department of Labor Investigation Lawyers
Employers are subject to the federal Fair Labor Standards Act (FLSA). Section 11(a) of the FLSA identifies the Department of Labor as the investigative arm of the government to conduct cases and audits on U.S. businesses.
The federal or state New York City Department of Labor’s Wage and Hour Division (WHD) under the FLSA can look at employer records regarding wages, hours, they can question employees, and study the employer’s employment practices.
Like the federal DOL, the New York DOL branch investigates employers for compliance with the necessary provisions and supporting regulations of the New York Labor Law. When the DOL comes knocking on your door, you need the skilled and knowledgeable legal counsel of a NYC DOL Investigation lawyer.
The WHD investigates varied businesses for several reasons but the foundation of the investigation is to make sure that employers comply with the rules of the Fair Labor Standards Act. The Wage and Hour Division does not always announce their investigation or their arrival, nor are they required to disclose the purpose of the investigation.
The subject of their investigations can involve topics that include the following:
• Anonymous complaints to the department
• Child labor compliance
• Minimum wage violations
• Discrimination violations
• Wage discrepancies and more.
A NYC Department of labor investigation lawyer understands all the federal and state nuances of the FLSA. Contact them when a DOL investigator contacts you because they can help identify all the documentation you will need to satisfy their requests. Generally, the DOL investigator will request to see the following:
• Payroll records
• Time records
• Wage and hour records
An arrival of an DOL investigator is very intimidating but keep a level head and contact your lawyer who is not intimidated, thus there are certain questions that they can legally ask on your behalf. For example, your NYC lawyer can ask for proper identification, find out what exactly the investigators will need and to make sure that they don’t get anymore or any less. Your lawyer can also ask for a written request for documentation and identify which employees they may want to interview.
This is to help the business leaders to provide the precise information that the DOL is requesting. An investigation lawyer can also request additional time to gather all the documentation that the DOL is requesting. A NYC DOL investigation lawyer is needed both at the beginning of the DOL investigation and at the end.
If an investigator does find violations, they will tell you and inform you about how to correct them. Your lawyer can help you handle the consequences of any violations. For example, if your violation was regarding wages that were owed, then the DOL investigator with your lawyer’s agreement, will give the employer time to make the necessary payment corrections.
By the way, if an employer drags their feet on correcting any violations, then the DOL will take them to court. But, if it helps, the DOL agency states that in a majority of their investigative cases, only minor violations are ever noted. However, the NYS DOL agency also differs from the federal DOL in that an employer who disagrees with the ruling of a violation can challenge the decision.
An employer can file an appeal with the New York State Industrial Board of Appeals (IBA) which is a separate division of the NYS DOL which holds administrative hearings to review the DOL’s findings. The IBA has its own internal rules and procedures. This means that when they hear an appeal, there are timelines that must be obeyed which your investigation lawyer can handle for you.
Your lawyer understands the rules and disciplines of the IBA and they can help protect your corporate rights so that your outcome will be favorable and a success. NYC Department of Labor investigation lawyers are skilled litigators in all types of employer related issues. They are well versed in the federal and state employment laws as in the following:
• Age Discrimination in the Employment Act
• Americans with Disabilities Act
• Fair Labor Standards Act
• Family and Medical Leave Act
• Family Medical Leave Act
During the last few years, the Labor Standards Division of New York’s DOL office has created task forces to investigate more cases of employer/employee violations. But, unlike the federal DOL agency which allows its investigators to look into cases that go back three years, the New York Labor Law allows the state’s DOL investigators to look into cases that extend back six years. If violations are found during this timeframe, the penalty damages (interest) can be quite a blow to a company’s bottom line.
May 17, 2018
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