As a business employing foreign national workers, you must make sure that your company is compliant with all federal and state labor regulations. It is likely that you will be subject to a site visit, or audit, by the Department of Labor. It is important that you be prepared for any potential audits or site visits.
Wage and Hour Division Site Visits
The Department of Labor’s Wage and Hour Division performs site visits to ensure compliance with the Labor Conditions Application and related regulations. These are performed in order to make sure that the hiring of nonimmigrant workers will not adversely affect U.S. workers and that nonimmigrant workers are not suffering abuse regarding wages and working conditions.
Reasons for an Audit
A Wage and Hour Division audit may be prompted for a number of reasons, most commonly because of a complaint from a worker. The WHD may initiate the investigation because of a pattern of violations, a failure to meet a condition of the Labor Conditions Application, credible information about an LCA violation, or if the WHD has reasonable cause to believe that the employer is not in compliance. However, it is important to remember that the Department of Labor may audit employers at any time.
The Audit Process
Should your business be subject to a WHD audit, you will first receive a letter from the WHD with a notice of an investigation and a request for documentation. Although there is typically little notice of the audit in advance, you may request time to gather your records.
You may also contact the auditor to ask for specific information in order to best prepare for the investigation. You may ask about the subject of the audit, if any employees will be interviewed, and about period of time the auditor will be reviewing records of.
Once you have provided the requested documentation, a WHD investigator will perform a site visit. Make sure to keep track of the documents, records, and information that was provided to the auditor. After this on-site meeting has taken place, the investigator will make a determination on the investigation. You may ask the auditor to provide you with a summary of the determination, which will be helpful to have if any violations are found and resolutions need to be made.
Why Youngblood & Associates?
In addition to the areas of immigration and business agriculture, the Youngblood & Associates staff is skilled in labor and employment law. We are experienced not only in ensuring our clients are in compliance throughout the employment process but in preparing our clients well for potential Department of Labor audits.
Youngblood & Associates will provide legal representation should your business be subject to a Wage and Hour Division audit and can assist you in filing an appeal if needed. We will also work with you to review your compliance with the Department of Labor regulations prior to an investigation and determine if your business may be at risk for a WHD audit.
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