Department of Labor Ramps Up Audits

Posted By Brandy King
March 07, 2022 Category: FMLA, DOL, DOL Audits, FMLA Lawsuit, FMLA Fines, DOL Fines, Department Of Labor, HR Issues, HR Outsourcing, Family Medical Leave Act, Wage And Hour, FLSA,

The Department of Labor (DOL) will once again be on the prowl for both FMLA and Wage & Hour violations in the coming year – especially in the logistics and warehousing industries. Employers across all industries saw an uptick of audits back in 2014, when DOL made good on their promise to increase the frequency of investigations. There was a notable decline in these audits during the last administration, but expect to see them start ramping back up – and be ready! We’ve often been told by employers, “We just let employees take what they need when they need it.” This usually means, “We don’t really track unpaid leave.” If you’re a small, private employer offering FMLA-adjacent leave out of the goodness of your heart - no harm, no foul.  If you’re a public employer, or a private employer with more than 50 full time employees within a 75 mile radius – that lax approach won’t cut it when the government comes calling.  Here are some good questions to help determine how compliant your business is:  Do FMLA regulations apply to your organization?  Do you have a written FMLA policy in place?  Does the policy address/define: eligibility requirements, call-in procedures, employee obligations & rights, medical certification process and outside work restrictions while on leave? Do you have legally compliant FMLA forms in place? Is your FMLA poster displayed somewhere prominen