What does an investigation involve?

According to Acting Wage and Hour Division Administrator Jessica Looman, the WHD “…will use all of its tools to ensure employers comply with federal labor laws.” These tools have been known to include investigations — visits to companies to ensure they are complying with applicable laws.

Investigations can involve reviewing a company’s policies, practices, documentation, recordkeeping, and so on. Therefore, now might be a good time to review all things FMLA, including policies, practices, and recordkeeping. Training supervisors and managers can also help comply with the FMLA, as they are often a weak link in the compliance chain.

The WHD had earlier indicated it was hiring more investigators to support its enforcement efforts, which can also increase the chance of a visit. Investigator responsibilities include conducting investigations to determine if employers are affording workers their rights as the law requires. Another clue that more employers, particularly those in the warehouse and logistics industries, will be getting a visit from the WHD.

A WHD investigation generally consists of the following steps:

• Examination of records to determine which laws or exemptions apply. The FMLA requires you to keep records of, for example, dates or hours FMLA leave is taken, copies of notices you gave to employees, and they gave to you, certifications, documents describing employee benefits or your policies and practices regarding the taking of paid and unpaid leaves, premium payments of employee benefits, and records of any dispute regarding leave designation.
• Interviews with certain employees in private. Interviews to verify your records. Interviews are normally conducted on your premises, but current and former employees may be interviewed at their homes or by mail or telephone.
• Meet with the employer. If violations are found, you will be told what they are and how to correct them.

Employees can also file claims with the WHD, which can trigger an investigation.