The U.S. Department of Labor (DOL) has the authority to conduct inspections of workplaces and bring enforcement actions against employers found to be in violation of the Fair Labor Standards Act (FLSA), and related statutes governing wage payments. As the Wage and Hour Division (WHD) conducts virtually its entire litigation “discovery” through record audits and on-site inspections, and the FLSA gives the DOL broad investigative authority, it is critical for employers to prepare for, and assert their rights and manage the flow of information during, investigations. Various state agencies have similar investigatory powers under state wage and hour laws.

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