If appropriate, the Department of Labor may litigate and/or recommend criminal prosecution. Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment.
Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed.
Our employment attorneys have found that employers typically round to the nearest 15 minutes or quarter-hour. This allows for the “7 minute rule,” where: the first 7 minutes to the increment, 1 through 7, are rounded down, and. the final 7 minutes, or 8-15, are rounded up.
All complaints are confidential; the name of the complainant and the nature of the complaint are not disclosed.
What Triggers a DOL Audit? A DOL audit can be triggered by various factors, such as complaints from employees, industry-wide investigations, or random selection. Common triggers include suspicions of H1B wage violations, misclassification of H1B employees, failure to keep accurate records or previous violations.
You may report fraud, waste, mismanagement, or misconduct involving SBA programs or employees either online or by calling the Office of the Inspector General (OIG) at 800-767-0385. You may choose to remain anonymous.
DOLE, for example, has conducted investigations in response to anonymous complaints, especially when there are serious concerns related to workers' health, safety, or violations of labor standards.