FLSA & Other Government Audits

The federal agency that regulates how employers must pay their workers is the U.S. Department of Labor. It enforces the federal Fair Labor Standards Act (FLSA), but each state also has its own department of labor and its own regulations with which organizations with employees in that state must comply.

Increasingly, the government is enforcing laws regulating compensation of employees by conducting on-site and remote audits of employers’ compensation policies and practices and their payroll records. Traditionally, this type of audit was triggered by an employee reporting allegedly unlawful pay practices to the government. Although these audits continue to occur, oftentimes today employers are audited as part of a larger effort by the departments of labor to enforce wage and hour laws. The focus of these audits may be review of pay for overtime, breaks or hours worked. Or it may be proper classification of workers as exempt or nonexempt from overtime pay, or as independent contractors or other nonemployee workers for the organization.

Our attorneys provide support and representation for department of labor, worker's compensation, unemployment, and other audits by governmental agencies. We guide you through the process of preparation for an audit and help you prepare for the government’s site visit or respond to requests for pay information. We know how to communicate with governmental authorities and auditors and are with our clients every step of the way throughout the audit.

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