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Defense of Department of Labor Audits and EEOC Changes

Overview

Two of the primary types of offenses that can place an employer under the microscope of governmental agency investigators are for alleged violations of wage and hour laws and discrimination laws. At ThompsonMcMullan, we help employers on the receiving end of these claims in the defense of their companies and the navigation of the investigation and legal processes.

For certain types of businesses, such as those in the hospitality or construction industry, wage and hour offenses are among the most likely issues to draw the attention of a state or federal investigation. Department of Labor (DOL) audits target possible wage and hour offenses, such as failure to report tips, improper tip pooling, improper calculation of wage and overtime rates of pay, failure to compensate employees for all working time, and failure to meet wage notice and pay stub requirements. Employers must contend with both federal and state laws in this area.

We help businesses facing DOL audits with the process of collecting requested paperwork and preparing for the investigation, including possible visits by agency investigators. Investigations can be drawn out and the consequences can be severe, so thorough preparation is a must. We help firms under investigation to determine their exposure and the investigation’s scope and to analyze their records. Then, we guide negotiations with the DOL and direct our client’s defense.

Similarly, we work with firms facing discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC). EEOC charges stem from allegations of discrimination against employees related to race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information. Charges can lead to financial penalties.

We help firms answer EEOC charges, including by preparing written responses and relevant documents and coordinating on-site inspections and in-person interviews. Whenever possible, we help our clients avoid costly litigation in favor of mediation or a settlement.

Our Defense of Department of Labor Audits and EEOC Charges practice includes:

  • Analyzing charges or complaints
  • Collecting and preparing paperwork
  • Drafting written responses
  • Coordinating on-site inspections and in-person interviews
  • Providing representation in mediation
  • Providing representation before the Department of Labor and EEOC
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