Preparing For An FLSA Audit Or Investigation

If a Department of Labor auditor shows up at your business to investigate alleged violations of the Fair Labor Standards Act, it's important to remember that the same constitutional rights that protect homeowners protect your business. You wouldn't let government investigators into your home. Why would you let them into your business?

The attorneys of Key Harrington Barnes PC represent employers in FLSA audits concerning alleged violations of FLSA wage and hour laws. We also help businesses conduct self-audits and reviews to ensure compliance with FLSA standards. Based in Dallas, we advise employers of all sizes throughout Texas.

Why Shouldn't I Let DOL Investigators Into My Business?

Even if you feel confident you are complying with FLSA wage and hours laws, the government may take a different view. Issues you never knew were a problem can end up costing you hundreds of thousands or millions of dollars in civil penalties, class action lawsuits and plaintiff attorney fees.

Government auditors will usually take one of two approaches to get into your business before you contact a lawyer:

  • Bad auditors (like bad cops) will flash their badges and come in like jackbooted thugs. If you tell them you want legal advice, they'll says things like, "Do you want to start out this way?" and "Only guilty people need lawyers."
  • Good auditors will pretend to be your friend. They'll say things like "You want to make sure everything is right, don't you?"

The correct response to either type of auditor is to be as pleasant as possible. Do not attempt to be evasive or combative. Tell the auditor you want to cooperate, but your lawyers insist you call them first.

The difference between having a lawyer at your audit and not having one is like the difference between night and day. If your lawyer is present, the government will follow the rules. If you don't have a lawyer, the auditors will push you around to make their quota. The cost of retaining a lawyer is small compared to the costs your business could face without one.

Call Now To Protect Your Business.

If DOL investigators show up at your door, call our Dallas lawyers at 214-615-7925 or send us an email using our contact form.