Attorneys

Labor and Employment FAQs

• Q: What laws does the Wage and Hour Division of the U.S. Department of Labor enforce?
  A: The Wage and Hour Division enforces several federal laws, including the Family and Medical Leave Act, the Fair Labor Standards Act, and the Migrant and Seasonal … More
• Q: What does an investigation of an employer by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor involve?
  A: First, WHD investigators will determine whether an employer is subject to the federal laws that the WHD enforces. If the employer is subject to those laws, then … More
• Q: Will I receive any advance notice if my company is being investigated by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?
  A: Maybe. Many times, an investigator will notify an employer that WHD is opening an investigation. Other times, because the investigator wants to observe … More
• Q: If a complaint has been made about my company to the Wage and Hour Division (“WHD”) of the U.S. Department of Labor, will I know?
  A: WHD cannot disclose who has made a complaint, the content of the complaint, or the fact that a complaint was even made. As a result, WHD typically will not tell … More
• Q: Can the Wage and Hour Division (“WHD”) of the U.S. Department of Labor investigate my business if no complaint has been made?
  A: Yes. WHD targets certain types of businesses for investigations, such as low-wage industries that have higher rates of noncompliance with applicable laws, or … More
• Q: What happens in an investigation by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?
  A: WHD typically begins by verifying that your business is in compliance with the Fair Labor Standards Act, which normally involves examining the business’s … More
• Q: How do I receive the results of an investigation of my business by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?
  A: Once WHD has completed its investigation, the investigator will meet with the business’s officials and disclose any violations that were found, as well as the … More
• Q: Can I be represented by an attorney during an investigation of my business by the Wage and Hour Division (“WHD”) of the U.S. Department of Labor?
  A: Yes. You have the right to have your business represented by an attorney throughout the WHD investigation. More
• Q: What happens if the Wage and Hour Division (“WHD”) of the U.S. Department of Labor finds that my business has violated a law that it enforces?
  A: WHD will make every attempt to resolve violations that it found during its investigation by entering into an agreement with your business to correct the violations … More
• Q: WHD will make every attempt to resolve violations that it found during its investigation by entering into an agreement with your business to correct the violations and pay back wages or overtime that is owed to employees. However, if settlement is unsuccessful, an employee may file suit against your business to recover wages, and/or the Secretary of Labor can file suit on behalf of employees for lost wages and other damages.
  A: Federal law protects you from discrimination or retaliation by your employer if you have filed a complaint with WHD or otherwise provided information during a WHD … More

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