❓ Frequently Asked Questions – What You Need to Know about Wage Hour Investigations

1. What triggers a Wage & Hour investigation?

Investigations can be initiated by:

• Employee complaints to the Department of Labor (DOL)
• Random audits by the Wage and Hour Division
• Industry-wide enforcement sweeps
• Red flags in payroll or timekeeping records

2. What should I do if I receive a notice from the DOL?

Immediately:

• Contact legal counsel or a compliance specialist
• Avoid altering or destroying any records
• Do not speak to investigators without guidance, Our team can help you prepare and respond strategically from day one.

3. What records will the DOL request?

Typically:

• Business Gross Revenues (3 years)
• Payroll records (last 2–3 years)
• Timekeeping logs
• Employee rosters and classifications
• Job descriptions and compensation policies
• Employees listing (2 years including former employees)

4. Can I refuse to participate in the investigation?

No. Wage & Hour investigations are legally mandated. Non-cooperation can lead to subpoenas, fines, and escalated enforcement. However, you have the right to representation and to manage the scope of the inquiry.

5. What are the most common violations?

• Misclassification of employees (exempt vs. non-exempt)
• Failure to pay overtime correctly
• Off-the-clock work
• Inadequate recordkeeping
• Improper deductions from wages

6. How long does an investigation typically last?

It varies based on:

• Size of your workforce
• Complexity of your pay structure
• Investigator workload Most audits range from a few weeks to several months.

7. What happens if violations are found?

You may be required to:

• Pay back wages and overtime
• Pay civil monetary penalties
• Update policies and procedures We’ll help you negotiate outcomes and implement corrective actions to prevent future issues.

8. How can I prevent future investigations?

• Conduct regular internal audits
• Train managers on wage and hour laws
• Maintain accurate and transparent records
• Partner with us, compliance professionals for ongoing support