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Find out whether the investigator intends to conduct interviews with employees and volunteers and if so, discuss parameters. Stress importance of telling the truth, answering only the question asked and providing succinct responses, seeking clarification for any ambiguous questions, and only answering questions that they know the answer to (no guessing). Employee interviews are the area where things can go horribly wrong. When conducting an audit, Department of Labor wage and hour auditors typically inspect employer payroll records for the past two years, reviewing records of both current and former employees. Remember to avoid "leading" questions and comments. How did it affect you?

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Landscape companies have been a specific target of the U. S. Department of Labor: Wage and Hour Division (DOL WHD) for several years. Make sure the room is free from any loose documents and that the file cabinets are locked. The investigator may speak with employees and take notes. Preparing for an Investigation. Here are a few simple tips: - Establish a point person for dealing with the investigator and have all requests for information go through that person.

Salaried employees improperly classified as exempt from overtime without assessment of the performed job duties; 3. An investigator needs to keep an open mind and not make assumptions based on what they have heard from the complainant, witnesses, or other employees. Some investigators work both types of files and that can be tricky. The federal government's Department of Labor's Wage and Hour Division ensures that employers are in compliance with the Fair Labor Standards Act (FLSA). Describe for me a time when you have come across questionable business practices; how did you handle the situation? If you have questions about FMLA and wage and hour policies and compliance with federal law, if you wish to conduct an internal audit, or if you are audited by the Department of Labor, contact Lloyd Gosselink's Employment Law Practice Group. Describe challenges you've faced. What's the best book you've read in the last year? Ending the investigation interviews.

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Many settlements with the DOL involve follow up reporting and compliance agreements. It is also very helpful to have job descriptions that attempt to establish any exemptions from overtime that my be applicable. What is your approach to problem-solving? Tell me about your knowledge of commissions accounting. Penalties for repeat violations are greater and lead to willful violation findings. Below, we outline some of the details about wage-hour audits as well as some practical steps to consider.

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Review handbooks regularly for completeness and legal compliance. Describe for me a decision you made which would normally have been made by your supervisor? Wednesday, February 11, 2015 10:00 PM|. Concentrate on discussing your main strengths.

Question: How long have you worked for the company? Think before you speak and answer all of the investigator's questions honestly. Failure to maintain records and overtime payment to non-exempt employees; 2. For example, Overtime is still described and viewed as a "penalty". Kentucky's Whistleblower Act.

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Witnesses are there to corroborate or refute both the complainant and subject's account of the incident. Explain the phrase "work ethic" and describe yours. Employee of the Month Programs. Certain targeted industries are more likely to have random audits, such as food services, construction, agriculture, and healthcare. This has sometimes backfired because I'd end up with more work than I could handle. Ensure workplace posters are complete, up-to-date, and in the right place. If you were offered this position, when would you be available to start? Keep a record of everything produced. If you observed a co-worker who made inappropriate sexual or racial remarks to another employee, and it was obvious to you that the situation was creating an uncomfortable environment, what would you do. Knowledge of whether and how new employees are paid for orientation, training time and medical tests; and.

Describe your experience with composing correspondence on your own initiative or with very little instruction. What was said during the altercation? We would typically categorize this employee as a third party. Companionship services. In the case that the subject does not deny that the altercation took place, ask: - When did it happen? Hosanna-Tabor Opinion. Reason: This is an open-ended question that might provide an unexpected answer. How often did it occur? It is important to always end the interview on a positive note.

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What led to it or when exactly did it start? Almost everyone has been in this situation. Tell me about a time when you knew that your customer might not get what he or she needed on time. A DOL audit generally proceeds as follows: - Notice and Investigator Arrival. Based upon what you have read and heard, what ideas do you have about continuing and increasing the success of this company? Question: Am I replacing an investigator? In addition, the DOL does re-investigate businesses. What do you know about our company? Did you achieve your goals?