US DOL Wage & Hour Investigative Process & Consequences

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Audra Short
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1 US DOL Wage & Hour Investigative Process & Consequences What you can do before: What you can do during: 1. Initial Conference 2. Records Review 3. Interviews with employees

2 4. Transportation and Housing Inspections 5. Back Wage Calculations 6. Final Conference 7. Civil Money Penalty (Fines) Assessment 8. Other consequences (liquidated damages, debarment, etc.) What you can do after:

3 Top Ten FLSA Checklist 1. Minimum wage 2. Salaried exempt employees 3. Bonuses included in overtime rate 4. Payment for all hours worked 5. Child labor 6. Misclassified employees as independent contractors 7. Illegal deductions 8. FLSA poster 9. Time records 10. Piece rate pay records This is not an exhaustive list of FLSA requirements. It s a list of common failures of other employers that you can quickly review to come into better compliance. This is not a substitute for professional consultation or legal advice.

4 Top Ten MSPA Checklist 1. Payroll records 2. Disclosures 3. Wages 4. MSPA Poster 5. Time Records 6. Federal FLC & FLCE Registrations / State of WA FLC 7. Pay stubs 8. Housing Standards 9. Transportation Standards 10. Joint Employment This is not an exhaustive list of MSPA requirements. It s a list of common failures of other employers that you can quickly review to come into better compliance. This is not a substitute for professional consultation or legal advice.

5 Top Ten H2A Checklist 1. Pay stubs / Pay records 2. Contract disclosure 3. Reimbursement/Payment of visa, consulate, border fees 4. Reimbursement/Payment of transportation, lodging, and per diem 5. Proper recruitment 6. Treating corresponding and foreign workers equally 7. Transportation and Housing Standards 8. Paying highest applicable wage 9. Contracts with recruiters and forbidding recruitment fees 10. Notifying if workers leave early This is not an exhaustive list of H2A requirements. It s a list of common failures of other employers that you can quickly review to come into better compliance. This is not a substitute for professional consultation or legal advice.

6 ¾ Guarantee H2A Requirement WAFLA Labor Conference 2017 Afternoon Breakout DOL Wage and Hour Basic Requirement: Must offer each worker hours equal to at least 75% of the workdays in the contract starting with the day he arrives. Required Hours: An employee can only be required to work the hours and days listed on the job contract. An employee cannot be required to work on his Sabbath, a Federal holiday, or more than the hours or days listed. Counted Hours: If employees choose to work during unrequired hours those hours are counted towards the ¾ guarantee. Also, if an employee fails to work on a day listed on the contract, the hours offered for that day (up to the maximum listed on the contract) are counted as hours offered. Pay Records: Number of hours offered. Hours actually worked. If hours worked are less than hours offered include details. Pay Statement: Number of hours offered. Hours actually worked. Hours worked will always be equal to or less than hours offered. It s possible that the number of hours offered will vary by employee. Example: The work contract lists 8 hours for Monday and everyone works 10 hours except for Alex who is sick and doesn t work any. Alex will have 8 hours offered for the day and everyone else will have 10. This sheet is for informational purposes only and is not for the purpose of providing legal advice. This information is not a substitute for the advice or services of an attorney.

7 Notes WAFLA Labor Conference 2017 Afternoon Breakout DOL Wage and Hour

DOL Wage and Hour Investigations

DOL Wage and Hour Investigations Presented By: Kalen Fraser - The Labor Brain Inc. Lee Wicker North Carolina Growers Association Start off on the right foot Aggressive, Political, Defensive OR Professional,