With more than 300 new investigators ready to enforce the FLSA and related federal laws, the Wage and Hour Division (WHD) is aggressively investigating businesses across all sectors of the U.S. economy. An increased number of federal wage and hour investigations is especially pronounced for members of industries that rely on “fissured” workforces (e.g., independent contractors, franchise operations, managed operations). But the threat of investigation is present no matter what industry a business operates in. Now, more than ever, legal departments, human resources, payroll, local management, and franchise operators need to be on the alert that an investigator might appear--unannounced--to investigate how the targeted business records employees’ working time, how they pay for that time, and how they classify workers as overtime-ineligible or as independent contractors. Beware that investigators are challenging franchise relationships, the connections between owners/parents and affiliates/subsidiaries, and even the way staffing companies do business with their clients. The WHD’s goal is to expand the definition of “employer” to include every possibly involved business.
To assist you in preparing, Seyfarth Shaw’s National Wage & Hour Litigation Practice Group will hold a webinar for an exclusive list of our clients and friends who might be impacted by the WHD’s aggression. Topics to be covered during the webinar include:
- An explanation of why the WHD is targeting employers
- How your business should prepare for a single-site or coordinated multi-property WHD investigation
- Why it is important to coordinate with your remote locations rather than allow them proceed without your guidance
- Why this might not be the best idea when franchises are involved
- How to respond in the unlucky event of an investigation
Alexander Passantino and Brett Bartlett are Co-Leads for the Overtime Exemption Task Force and Co-Chairs of the Wage & Hour Litigation Practice Group. Both have defended dozens of Wage & Hour Division investigations and have helped scores of businesses avoid investigations in the first place. Alex is the former head of the Wage & Hour Division at the Department of Labor.
If you have any questions, please contact firstname.lastname@example.org.
*CLE Credit for this webinar has been awarded in the following states: CA, IL, NJ and NY. CLE Credit is pending for GA, TX and VA. Please note that in order to receive full credit for attending this webinar, the registrant must be present for the entire session.