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Audits Department of Labor (DOL) Employer Liability Issues

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Ballard Spahr LLP

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

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The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those...more

Berkshire

Compensation in the New Administration – Mainstays and New Directions in Investigations

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A change in presidential administrations can influence federal enforcement agencies’ priorities, how they interpret laws and guidelines, and how they carry out enforcement. Consequently, the transition to the Trump...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Child Labor Enforcement Expected to Be Hotter Than Ever This Summer

In fiscal year (FY) 2023, more than half of all U.S. Department of Labor (DOL) child labor investigations resulted in a violation. Of the 955 child labor investigations with violations—a 14 percent increase over the prior...more

Fisher Phillips

An Overlooked Giant: Top 10 Things California Employers Need to Know While Responding to Federal Labor Department Wage Audits

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Although California businesses may be preoccupied dealing with attorneys invoking the Private Attorneys General Act, a federal government investigator may come knocking at your door when you least expect it asking to conduct...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

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When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Perkins Coie

ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

Perkins Coie on

Overview of ESD Audits - The Washington State Employment Security Department (ESD) audits records of employers located in Washington to confirm that wages and hours are accurately reported and to ensure compliance with the...more

Jaburg Wilk

Six Overtime Risks for Arizona Contractors

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It is estimated that as many as 75% of Arizona contractors are not paying their employees overtime properly. If the U.S. Department of Labor ("DOL") conducts an audit, the results can be devastating to an employer. The...more

Jackson Lewis P.C.

New Illinois Legislation Targets Equal Pay; Requires Detailed Pay Report And New Enforcement Methods

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An amendment to the Illinois Equal Pay Act of 2003 requires that, beginning March 23, 2024, employers with more than 100 employees in Illinois must certify compliance with the Equal Pay Act by obtaining an Equal Pay...more

PilieroMazza PLLC

Risk Prevention Strategies: Avoiding Costly FLSA Missteps

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The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

PilieroMazza PLLC

[Webinar] Risk Prevention Strategies: Avoiding Costly FLSA Missteps - February 24th, 2:00 pm - 3:00 pm ET

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The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more

Gould + Ratner LLP

DOL Issues Updated Guidance, Report on Pandemic-Related Matters

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As employers and employees alike shift to new protocols and procedures amidst the COVID-19 global pandemic, the Department of Labor (DOL) reminded employers about their continuing responsibilities....more

Fox Rothschild LLP

Payroll Audit Independent Determination Program Is A Bust… For An Obvious Reason!

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When the USDOL self-reporting program was announced, I was highly skeptical. Even though there seemed to be assurances that no undue enforcement actions would be taken, it just did not seem that employers would voluntarily...more

PilieroMazza PLLC

Nuts and Bolts of SCA

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Compliance with the Service Contract Act (SCA), now referred to as the Service Contract Labor Standards, is a challenge for many companies. Understanding applicability, wage determinations, health and welfare benefits, and...more

PilieroMazza PLLC

[Webinar] Nuts and Bolts of SCA - July 14th, 2:00 pm EDT

PilieroMazza PLLC on

Compliance with the Service Contract Act (SCA), now referred to as the Service Contract Labor Standards, is a challenge for many companies. Understanding applicability, wage determinations, health and welfare benefits, and...more

Foley & Lardner LLP

DOL Breaks Record in Wage and Hour Enforcement – Time to Consider Self-Audits

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Those who believed the Trump administration would scale back the Obama-era Department of Labor’s (DOL’s) aggressive enforcement of wage and hour laws may be surprised to learn that the DOL recently announced that it recovered...more

Jaburg Wilk

Department of Labor Audit, Now What?

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The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

Harris Beach Murtha PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Fisher Phillips

Hey, DOL—Leave Those Kids Alone!

Fisher Phillips on

These days, just about every dealership operates a Lube Express. And why wouldn’t a dealership have one? The Lube Express can generate additional revenue and give the customers a reason to come back again and again. The trick...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Immigration Crash Course: What to Know About ICE Enforcement Activities

U.S. Immigration and Customs Enforcement (ICE) continues a record-setting pace in auditing and investigating employers over worksite and I-9/E-Verify compliance concerns. Join Denver shareholder Chris Thomas as he covers the...more

Davis Wright Tremaine LLP

What to Do When USDOL Comes Knocking at Your Door

The U.S. Department of Labor (USDOL) performs wage and hour audits of employers by selecting them at random, or because they are in targeted industries (usually low-wage), or as a result of a complaint from an employee or...more

Fisher Phillips

Do Good Audits Exist? Minimizing Damages in FLSA Cases

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It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Amundsen Davis LLC

Considerations For Utilizing The DOL’s Pilot “PAID” Program

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In April 2018, the US Department of Labor (DOL) Wage and Hour Division, launched the six-month pilot Payroll Audit Independent Determination (PAID) program which provides a voluntary framework for employers to self-report...more

Proskauer - Law and the Workplace

States’ Attorneys General Throw Shade on USDOL’s “PAID” Program

Last month, we discussed some serious concerns about the efficacy of the U.S. Department of Labor’s “PAID” program, under which employers can self-report wage and hour violations to the federal agency and negotiate a seeming...more

Jackson Lewis P.C.

Are Employers Willing To Risk Getting PAID?

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Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime...more

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