TRIGGERS
A Department of Labor (DOL) investigation can be brought about for various reasons. A disgruntled employee, someone who believes they experienced or witnessed non-compliance with employment practices, potential employment discrimination due to citizenship status, or simply a routine visit. When a company receives notification of DOL investigations, the first step is to contact an experienced immigration attorney, like ILBSG. If the DOL visits the official place of work for the company without notification, we recommend full compliance with their requests in full honesty. It’s a good idea to contact an immigration attorney upon completion of the DOL visit. Be certain to get key information, including the name(s), title, phone number, of each DOL agent, take copious notes on their requests and information provided by your company.
INVESTIGATION PROCEDURES
Investigations include gathering data, often information about wages, hours, and other employment practices. DOL investigators are legally permitted to enter and inspect an employer’s premises and records. They can question employees as well, with a focus on determining any violations. Employers can be represented by their attorney and accountant. Our attorneys have extensive expertise in DOL investigations and well understand the required documentation and guidelines. As such, we support you in presenting the right information.
ENFORCEMENT AND REMEDIES
The investigator presents their findings and resulting enforcement issues, if any. If no fines or penalties are noted, the case can be considered closed. However, investigators may require the recovery of back wages, damages, or other civil money penalties, among other assessments. In some cases, depending on the results of the investigation, litigation or criminal prosecution can be pursued. Naturally, it’s best to have an attorney representing your company throughout the process.
RESOLUTION AND PREVENTION
If remedies are required, the DOL has the legal ability to monitor their completion. Once completed, the matter is considered closed. However, experience being the best teacher, it doesn’t, and shouldn’t, stop there. Remaining in compliance is critical. Working with us, we provide guidance to ensure full compliance. It’s always best to work with our experienced immigration attorneys from the start. We help with documentation requirements, filing required updates on your organization, verifying the employment authorization of individual employees, and ensuring your organization has no compliance concerns going forward, should another investigation occur. If you have questions, contact us.
