![]() Interviews are normally conducted on the employer’s premises. The purpose of these interviews is to verify the employer’s payroll and time records, to identify workers’ particular duties in sufficient detail to decide which exemptions apply, if any, and to confirm that minors are legally employed. Interviews with certain employees in private.Examination of payroll and time records, and taking notes or making transcriptions or photocopies essential to the investigation.Information from an employer’s records will not be revealed to unauthorized persons. These records include, for example, those showing the employer’s annual dollar volume of business transactions, involvement in interstate commerce, and work on government contracts. Examination of records to determine which laws or exemptions apply.The investigator will explain the investigation process and the types of records required during the review.Īn investigation consists of the following steps: The WHD investigator will identify himself/herself and present official credentials. Section 11(a) of the FLSA authorizes representatives of the Department of Labor to investigate and gather data concerning wages, hours, and other employment practices enter and inspect an employer’s premises and records and question employees to determine whether any person has violated any provision of the FLSA. The procedures described below for FLSA investigations are generally applicable to WHD investigations under other laws. Most employers are subject to the Fair Labor Standards Act (FLSA), which is the primary federal law of most general application requiring payment of the minimum wage and overtime premium pay, keeping certain basic payroll and employment records, and limiting the working hours and types of jobs for certain underage youths. Investigations may be conducted under any one or more of the laws enforced by WHD. Regardless of the particular reason that prompted the investigation, all investigations are conducted in accordance with established policies and procedures. The objective of targeted investigations is to improve compliance with the laws in those businesses, industries, or localities. Occasionally, a number of businesses in a specific geographic area will be examined. The WHD targets low-wage industries, for example, because of high rates of violations or egregious violations, the employment of vulnerable workers, or rapid changes in an industry such as growth or decline. In addition to complaints, WHD selects certain types of businesses or industries for investigation. All complaints are confidential the name of the worker and the nature of the complaint are not disclosable whether a complaint exists may not be disclosed. WHD does not typically disclose the reason for an investigation. The WHD conducts investigations for a number of reasons, all having to do with enforcement of the laws and assuring an employer’s compliance. Why is an employer selected for an investigation? The investigator has sufficient latitude to initiate unannounced investigations in many cases in order to directly observe normal business operations and develop factual information quickly.Īn investigator may also visit an employer to provide information about the application of, and compliance with, the labor laws administered by WHD. The WHD does not require an investigator to previously announce the scheduling of an investigation, although in many instances the investigator will advise an employer prior to opening the investigation. If the employer is subject to these laws, the investigator will verify that workers are paid and employed properly according to the laws administered, and that youths under age 18 are employed as provided by the child labor provisions. ![]() Garnishment provisions of the Consumer Credit Protection ActĪn investigator from WHD may conduct an investigation to determine whether these laws apply to an employer.Government contracts prevailing wage statutes such as the Davis-Bacon and related Acts and the McNamara-O’Hara Service Contract Act.Certain employment standards and worker protections under the Immigration and Nationality Act.The Field Sanitation Standards of the Occupational Safety and Health Act.The Migrant and Seasonal Agricultural Worker Protection Act.WHD is responsible for administering and enforcing a number of federal laws which set basic labor standards, among them: This Fact Sheet provides general information about the laws enforced by the Wage and Hour Division (WHD).
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