HAWAII EMPLOYMENT LAW ALERT: DEPARTMENT OF LABOR TO INCREASE AUDITS
July 18th, 2009 at 04:10am Under Employment Law
HAWAII EMPLOYMENT LAW ALERT: DOL TO INCREASE AUDITS
On March 24, 2009, the Department of Labor (“DOL”) issued a statement making clear that employers, including Hawaii employers, can expect an increase in DOL audits. The statement, issued through Secretary of Labor, Hilda Solis, can be found at the DOL’s website, http://www.dol.gov/opa/media/press/esa/esa20090324.htm.
Among other things, Ms. Solis stated that she is “committed to ensuring that every worker is paid at least the minimum wage, that those who work overtime are properly compensated, that child labor laws are strictly enforced and that every worker is provided a safe and healthful environment.”
In addition:
The department’s Wage and Hour Division has already begun the process of adding 150 new investigators to its field offices to refocus the agency on these enforcement responsibilities. In addition, under the American Recovery and Reinvestment Act, the agency will hire 100 investigators to ensure that contractors on stimulus projects are in compliance with the applicable laws. The addition of these 250 new field investigators, a staff increase of more than a third, will reinvigorate the work of this important agency, which has suffered a loss of experienced personnel over the last several years.
Finally, Ms. Solis stated that: “I am dedicated to ensuring compliance with federal labor laws to both strengthen our economy and protect workers in this country.”
Given the expressed intent of DOL, it is critical that Hawaii employers take the necessary steps, now, to both reduce the risk of potential liability connected to a possible audit AND to prepare for audit itself.
Thus, Hawaii employers should at a minimum take the following steps prior to and during the audit:
After the audit is completed, it is critical that the Company not repeat any errors in policies or procedures identified by DOL. Accordingly, any necessary revisions should be made promptly with assistance of counsel.
Roman Amaguin, Esq.; romanamaguin@yahoo.com; www.amaguinlaw.com
Roman Amaguin, Esq. is a Hawaii lawyer specializing in employment law, labor law, and civil litigation.