Masonry Magazine January 2011 Page. 22
LABOR REPORT
The investigator will invite the employer to come into compliance. If the employer agrees to comply, the investigator will explain the back wages, inform the employer whether additional money penalties may be applicable ("Civil Money Penalties"), and provide instructions for payment of back wages. In certain limited circumstances, employers may qualify for a payment plan.
Management review
IF THE EMPLOYER REFUSES to come into compliance, or disagrees with the investigator's findings on exemptions, back wages or other issues, the case is referred to the investigator's manager. The manager reviews the file to verify its accuracy and findings. In limited circumstances, the manager may negotiate the amount of back wages due. If the employer continues to disagree with the findings, then the case may be referred for potential litigation, or the employees will be informed of their right to sue under the FLSA. This ends the investigation.
Conclusion
THE WHDS FOCUS on industries with a history of regular violations should be of growing concern to the construction industry. This new focus, coupled with the increased workforce
The WHDs focus on industries with a history of regular violations should be of growing concern to the construction industry.
and increased budget, will guarantee an increased number of investigations in the construction industry. Employers should actively identify problem areas, fix those problems, and, if needed, hire legal counsel that has experience with these laws and WHD investigations. IMAS
Richard W. Castleton is a Denver attorney with the national human resources law firm Smith & Downey, where he represents employers in employment law matters and ERISA and employment litigation. He is also a former investigator for the WHD, so his experience translates to a practical approach in helping clients comply with federal employment standards. Contact him at rcastleton@smithdowney.com or 410-321-9000.
This article is not intended to provide, and does not constitute legal advice on the above referenced matters. It is for informational purposes only. Employers should consult with an attorney when making decisions on the above referenced matters to ensure compilance with both Federal and State laws.
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