How to Prepare For a Wage and Hour Investigation

Let us help you prepare for a Wage and hour Investigation. We will:

  1. Review Employee Classifications
  • Ensure all employees are correctly classified as exempt or non-exempt.
  • Double-check job duties and salary thresholds to confirm exemption status.
  • Assume employees are non-exempt unless proven otherwise.

2. Audit Timekeeping and Payroll Records

  • Verify that time tracking systems accurately record hours worked.
  • Confirm that overtime pay is calculated correctly for non-exempt employees.
  • Maintain records for at least two years, as auditors typically review this period.

3. Check Labor Law Postings

  • Make sure all required labor law posters are up-to-date and visible in common areas.

4. Organize Documentation

  • Collect and organize wage records, pay stubs, time sheets, and employment contracts.
  • Prepare for the initial management interview by reviewing policies and procedures.

5. Conduct Internal Audits

  • Perform regular internal audits to catch misclassification or pay errors early.
  • Use a checklist to review:
  • Employee classifications
  • Overtime calculations
  • Recordkeeping practices

6. Train Supervisors and HR Staff

  • Educate managers on FLSA rules, especially regarding breaks, overtime, and off-the-clock work.
  • Ensure HR understands how to respond during an audit.

7. Prepare for the Audit Visit

  • Designate a private interview room for the auditor.
  • Have a point person ready to communicate with the Department of Labor (DOL).
  • Be cooperative but cautious—only provide requested documents.

️ Common Mistakes to Avoid

  • Misclassifying employees as exempt
  • Failing to pay overtime correctly
  • Incomplete or inaccurate time records
  • Not posting required labor notices

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