careers4bid.com » Healthful Environment http://www.careers4bid.com Career and Job Advice. Thu, 02 Sep 2010 09:47:07 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 HAWAII EMPLOYMENT LAW ALERT: DEPARTMENT OF LABOR TO INCREASE AUDITS http://www.careers4bid.com/jobs/hawaii-employment-law-alert-department-of-labor-to-increase-audits.html/ http://www.careers4bid.com/jobs/hawaii-employment-law-alert-department-of-labor-to-increase-audits.html/#comments Mon, 18 May 2009 08:53:22 +0000 careers4bid.com http://www.careers4bid.com/jobs/hawaii-employment-law-alert-department-of-labor-to-increase-audits.html/ HAWAII EMPLOYMENT LAW ALERT:  DOL TO INCREASE AUDITS

On March 24, 2009, the Department of Labor (“DOL”) issued a statement making clear that employers, including Hawaii employers, can expect an increase in DOL audits.  The statement, issued through Secretary of Labor, Hilda Solis, can be found at the DOL’s website, http://www.dol.gov/opa/media/press/esa/esa20090324.htm.

Among other things, Ms. Solis stated that she is “committed to ensuring that every worker is paid at least the minimum wage, that those who work overtime are properly compensated, that child labor laws are strictly enforced and that every worker is provided a safe and healthful environment.”

In addition:

The department’s Wage and Hour Division has already begun the process of adding 150 new investigators to its field offices to refocus the agency on these enforcement responsibilities. In addition, under the American Recovery and Reinvestment Act, the agency will hire 100 investigators to ensure that contractors on stimulus projects are in compliance with the applicable laws. The addition of these 250 new field investigators, a staff increase of more than a third, will reinvigorate the work of this important agency, which has suffered a loss of experienced personnel over the last several years.

Finally, Ms. Solis stated that:  “I am dedicated to ensuring compliance with federal labor laws to both strengthen our economy and protect workers in this country.”

Given the expressed intent of DOL, it is critical that Hawaii employers take the necessary steps, now, to both reduce the risk of potential liability connected to a possible audit AND to prepare for audit itself. 

Thus, Hawaii employers should at a minimum take the following steps prior to and during the audit:

Review pay practices and policies to ensure compliance with both federal and Hawaii state law, including minimum wage, overtime, and classification of employees (engage local counsel to help identify problem areas); Ensure your policies and recordkeeping are consistent with the law; Update job descriptions consistent with the actual performance of the duties and responsibilities of the positions at issue; Keep supervisors in the loop and informed of the potential of an audit.  Your supervisors are the eyes and ears of the Company and can assist it in identifying potential problem areas; Review areas outside of wage and hour issues about which an employee could complain to a field investigator; Establish a point person for dealing with the investigator and have all requests for information go through that person.  Such person needs to have the ability to maintain the professionalism and courtesy necessary to deal with DOL, but at the same time can be firm when necessary; As the “voice” of the Company, the representative needs to be educated on what to expect and the proper way to answer specific inquiries by the investigator; To the extent possible, cull and make available the records requested by the investigator in advance and in a room separate from the main operations of the business; Make employees available for interview during work hours so they are not contacted at home; Document all conversations with the investigator and maintain copies of the documents provided to him/her throughout the audit process; Ensure that the Company attorney is present during all interviews with supervisory employees.

After the audit is completed, it is critical that the Company not repeat any errors in policies or procedures identified by DOL.  Accordingly, any necessary revisions should be made promptly with assistance of counsel.

Roman Amaguin, Esq.; romanamaguin@yahoo.com; www.amaguinlaw.com

Roman Amaguin, Esq. is a Hawaii lawyer specializing in employment law, labor law, and civil litigation.





 

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