Is the Department of Labor Turning FMLA Investigations into FLSA Investigations?
Every once in awhile, the U.S. Department of Labor rattles its saber, warning employers that it’s readying itself for aggressive enforcement investigations reviewing alleged FMLA violations. For instance, two years ago, the DOL announced that it would ramp up FMLA audits (as well as wage and hour audits generally) those employers in the warehouse and logistics industries. Well, they’re back again. Based on information provided informally during DOL investigations in which we have been involved, we have learned that the DOL is directing investigators to insist on production of additional information from employers particularly with respect to payroll practices. This is potentially a big deal. If you’ve been involved in a DOL investigation over the past year, you’ve noticed a new format for the long-itemized list of information DOL seeks in an FMLA investigation. Take, for example, this laundry list of requests I received from DOL earlier this year in an F-M-L-A investi...