As employers continue to deal with workplace issues related to COVID-19, you should be aware that the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has indicated that it will be investigating allegations of wage and hour violations that have occurred as a result of the rapid workforce changes undertaken by many organizations earlier this year. Unfortunately, as you may know, the WHD rarely announces those investigations in advance and, instead, employers typically learn of them when a letter arrives announcing 72 hours’ notice to produce payroll records, or a WHD investigator shows up at their doorstep demanding to interview employees.
In order to assist employers in dealing with these sudden investigations, Epstein Becker Green attorneys have prepared a “Break-the-Glass Kit” and “Wage and Hour Division Investigation Checklist,” resources that employers can use to establish procedures in advance of an investigation, as well as to gain insight into the WHD investigative process. And our attorneys will be able to assist you every step of the way.