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What to Expect When Wage Hour Calls |
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Page 3 of 5
Although on rare occasions Wage Hour will make an unannounced visit, the employer will normally be contacted by phone or letter to schedule an appointment to begin the investigation. Once the appointment is confirmed, Wage Hour will come to the employer’s place of business to begin the investigation. The investigator will begin the investigation by conducting a conference with the person in charge to gather information regarding the firm’s ownership, types of activities, and pay practices. The employer may have whomever he/she would like at this conference, including legal counsel. It is always advisable to be cooperative and courteous.
After the conference the investigator may ask to tour the establishment so that he/she may better understand how the business operates. The investigator will then ask to review the payroll and time records for the past two years. Wage Hour realizes that many employers outsource their payrolls to a third party or have them prepared at another location. If this is the situation, the employer can authorize the investigator to review the records at another location, or he may arrange to have them brought to the establishment. The investigator may ask the employer to make photocopies of certain records. Although the employer is not required to do so, the investigator has the authority to gather this information and the making of copies will expedite the investigation process. Thus, most employers find that it is beneficial to furnish the photocopies. It is suggested that the employer also retain a copy of all records provided to Wage Hour in the event the matter is not resolved and litigation is begun.
Once the investigator has completed a review of the records, he/she will want to conduct confidential interviews with a sample of the current employees at the establishment during normal working hours. The employer is not required to allow the investigator to do this at the establishment; however, if not allowed to do so at the establishment the investigator will contact the employees away from the business. Most employers find that allowing the interviews to be conducted at the establishment is better than forcing the investigator to contact the employees at home or other locations. Again, the easier it is for the investigator to complete his assignment, the quicker he/she will be finished and gone.
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Last Updated ( May 13, 2008 at 09:19 AM )
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