Responding to Wage and Hour Audits
Audits by federal and state agencies aimed at enforcing wage and hour rules have become increasingly common. These audits are highly intrusive and employers who are found to be in violation of the federal Fair Labor Standards Act (FLSA) or state companion statutes can face extremely high damage awards and penalties.
The Labor and Employment attorneys in our Risk Management Practice have extensive experience counseling clients involved in wage and hour audits at the state and federal levels. We have a comprehensive understanding of the wage and hour laws and are familiar with how governmental authorities conduct these types of investigations. Our legal team represents companies operating across a wide range of industries in all types of wage and hour audits, including investigations involving:
- Misclassification of workers as exempt employees
- Misclassification of employees as independent contractors
- Unpaid overtime
- Minimum wage law violations
- Failure to comply with meal and rest break rules
- Failure to pay employees quickly and appropriately when they leave employment
When an employer becomes the target of a wage an hour audit we take quick action to resolve the matter informally while protecting the employer from exposure to large back pay orders and penalties. Our lawyers are tough negotiators who know how to work with state and federal agencies to reach fair settlements on behalf of our clients. In the event that a favorable resolution is unattainable, our Labor and Employment practitioners are also experienced trial attorneys who will aggressively litigate wage and hour matters in state and federal court.
Helping Employers Avoid Exposure From Wage and Hour Audits
The best way to protect employers from the potential fines and penalties associated with a wage and hour audit is to make certain in advance that their companies are in full compliance with federal, state, and local wage and hour laws and regulations. As part of our Risk Management Practice, KDV attorneys regularly evaluate employer policies, procedures and records to identify and resolve potential wage and hour issues. Our lawyers work closely with clients to ensure that they understand the law and are taking the appropriate actions to reduce the risk and remain prepared for wage and hour audits.