Lowering Premiums is Our Business

Blog

What should I expect from a Department of Labor Audit?

 

This post originally appeared on SuretyHR.com

Are You Prepared for a DOL Audit? | Spooner Inc.

Like most things related to Human Resources, being proactive is always the best policy. Employers know that the U.S Department of Labor (DOL) can perform an audit at any time. Sometimes these audits are triggered by an employee complaint, but they can also occur in targeted low-wage industries such as agriculture, restaurants, garment manufacturing, guard services, day-care centers and hospitality to screen wage and hour violations. It is crucial for employers to understand the audit process so they can be prepared to handle the situation if it occurs. Below is a basic guide to help employers know what to expect in the event they are audited.

Will I Have Advance Notice of an Audit?

The DOL does not provide advance notice of an audit. If the DOL shows up to do one, employers may ask for time to gather their records. The amount of time granted to do so is at the discretion of the auditor.

Can I Find out Why the Business Being Audited?

Employers have the right to contact the auditor and ask for specific information regarding the audit. Employers should ask why the investigation is happening (overtime pay compliance, minimum wage compliance, exempt vs. nonexempt classification), the time frame for records requested by the auditor, and the names of the employees who may be interviewed.

What Records Will I Need to Provide?

Employers should gather the records requested by the auditor. In addition to those, employers should provide documentation of company compensation policies. Ensure that you keep records of any information provided, and do not provide anything the auditor does not ask for.

Can I Control Who the Employees Talk to?

Employers can designate certain employees like legal counsel or senior employees to work with auditors. In this instance, the employees will provide paperwork, documentation and coordinate employee interviews.

How should I behave?

Be courteous and cooperative. Offer a quiet place for the auditor to review the records.

Am I allowed to review the auditor’s findings?

Employers can ask for a summary of the investigation findings. If violations are listed, employers should consider seeking legal counsel prior to agreeing to a settlement.

What can I do to help prevent this?

  • Employers should conduct self-audits regularly, which consists of the following:
  • Reviewing job descriptions.
  • Studying the difference between federal and state laws and applying them properly.
  • Making sure FLSA classifications are proper.
  • Keeping accurate records of payroll.
  • Being consistent in policy.
  • Ensuring all records are correct.
  • Deciding how to address any areas of concern.

If you'd like an expert third party perspective, please reach out to Cris Board at Surety HR and find out how she can conduct an HR Audit for your business. Cris can be reached by email, or calling 440-249-5688

Most Recent

Workers' Compensation Claims Common Questions and Stories

By Spooner Inc.
February 01, 2019 Category: Workers\' Compensation

Spooner Inc. is Ohios leader in Workers Compensation, Safety, Unemployment, and FMLA/Short Term Disability Administration. In the world of Workers Compensation 95-97% of claims are legit. Theyre just people who got hurt on the job, and want to get back to work as quick as they can. But what about the other 3-5%? We deal with a lot of the 3-5%, so we have some interesting stories. We just wanted to share a couple of claims stories with you guys and just some of things that weve seen over time. A common question employers ask is if someone slips in the parking lot walking into the office - do they have a claim? The first thing we ask is who owns the parking lot? If the company owns the parking lot it would be a claim. The employee is within the course and scope of their employment, they are walking in, and slip and fall. That is a workers comp claim. If some other third-party company owns the building and is leasing it, then it can potentially be a property and casualty claim. But

What is the 15k Program? How Does it Work?

By Spooner Incorporated
January 15, 2019 Category: 15k Program, Program Placement

Spooner Inc., has partnered with Virteom to engage our customers and users in our services and how we help business owners save money in the long run. In our video series, Jacqui and Joe talk about what Spooner Inc. does to save you money and how it all works. Today were talking about the 15k program and how it can save you money. Watch or read the transcription below! What is the 15k program? The 15k program is a great program that the bureau rolls out. It is another way for a company to potentially mitigate their risk on a claim. When we say that, we mentioned in another video, that there are safe driver claims (watch here) and those claims stick with you for four or five years down the road. That impact can be more significant than what the bureau actually pays for. The 15k program is for group rated employers who are safe drivers. If employers have employees with a clean driving record, they can choose to keep themwithin the 15K program and pay per dollar on the coin. If somebody

ALERT: Important OSHA and Safety Reminder

By Spooner Inc
January 11, 2019 Category: News

Our safety team has been fielding a lot of questions about Recordkeeping and 300A posting and electronic submission. Here are some pointers for some of the most common questions related to OSHA reporting requirements. As always, please contact your safety team member at Spooner or contact Jon Carpenter. Here is Jons contact info: Jon Carpenter CSM Vice President - Safety Services Cell: 440.759.0519 Tel: 440.249.5284 | Ext: 110 Fax: 440.249.5285 jcarpenter@spoonerinc.com Posting the 300A in the work place: Nothing has changed, clients still need to post the 300A in the work place between February 1st April 30th, 2019. Posting location needs to be a prominent area like breakroom, time clock, etc. where employees can observe the form. Electronic Submission: Quick access Go to OSHA.gov Take Action header on left, scroll down Click on Submit Form 300A Data Electronically Click Launch ITA and follow the instructions You can also check out the OSHA website regarding Injury Tracking

Categories
General (62)
Group Retro (2)
Program Placement (2)
DepartmentofLaborAudit (1)
Workers Compensation (1)
Ohio BWC (1)
News (1)
15k Program (1)
Workers\' Compensation (1)
+ Show More

Login
© Spooner Inc.
Powered by Virteom