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The Department of Labor Takes Its Job Very Seriously

The United States Department of Labor (DOL) takes employer compliance with all wage, hour, and immigration laws extremely seriously. While the DOL oversees labor certification of foreign workers and the enforcement of federal labor laws, it also performs audits of companies to identify any possible violations of the law. Any company that has employees should expect a DOL labor audit at any time, as they can happen randomly, as well as due to reports from employees or other red flags.

Your company should always recognize that a DOL labor audit is a serious matter. Any potential violations can result in harsh penalties, and you want to defend against audits to prevent any problems. Once you learn of an audit, you should immediately contact a labor audit defense lawyer who can represent your business. Contact the legal team at Farmer, Farmer & Brown Law Firm, P.L.L.C. right away.

The Audit Process

While the DOL can audit any type of employer, officials often target lower-wage industries. These can include employers involving healthcare, food service, agriculture, manufacturing, child care, security services, motels and hotels, janitorial services, seasonal industries, and temporary workers. It is important for these companies and others to understand the audit process and be prepared for an audit at any time. The following is some general information about the audit process. If you are facing an audit, you should always directly contact qualified legal representation.

  • Generally, companies get very little notice that an audit will occur. It is possible, however, to request some time to organize records to better present to the auditor.
  • An attorney can communicate with an auditor to ask about the focus of the audit, such as wage and overtime compliance, classification of employees, and more. This can inform you of what records and interviews may be part of the audit.
  • Companies should be ready to present necessary documents and records to the auditor, including information about company policies. It is important to never provide more than was requested by the auditor.
  • One or two representatives from the company should be designated to work with the auditor and your attorney. This keeps the path of communication simpler and more focused. You can also have your attorney solely communicate directly with the auditor.
  • Everyone at the company should be cooperative and courteous with your auditor, allowing them to do their job and not inhibiting the audit in any way, as this can raise suspicions and make matters worse.
  • After the completion of the audit, request a summary of the investigation results. This can help you identify if you will need to respond to any violations. If violations were found and you have not already consulted with legal counsel, you should seek representation immediately.

While having the assistance of an attorney is not necessary during audits, it can help prevent false allegations by the DOL auditor and prepare to defend against alleged violations. We can also help you perform a self-audit to ensure that you are in full compliance with the law, even in the absence of a DOL audit.

Consult with Our Department of Labor Audit Defense Lawyers as Soon as Possible

Companies that are proactive when it comes to DOL compliance and audits can often mitigate damages and penalties. Call Farmer, Farmer & Brown Law Firm, P.L.L.C. at (512) 894-2128 or contact us online to discuss our labor audit representation services.


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