Update on DOL Investigate
Sunny
259 Posts
I read the post listing types of forum posters on the Har-Har board and felt duly ashamed. I received much help on my DOL problem and failed to update y'all on its resolution.
As I posted, our investigator found one misclassified individual - (due to his lack of a 4-year degree) and we ended up paying him around $1100 in back O/T and promising never to sin again. We were also supposed to pay the complaining ex-employee $248.00 for overtime we say she never worked. Well, our President refused to pay this (on principle) even after receiving advice to the contrary from our labor attorney. So - we paid the $1100 but not the $248 and went round and round with the DOL over not signing a form that said we promised to pay both. In the end, we signed a hand-modified form. That is, the form had both items on it, the statement said we would pay both, but typed onto the form was another statement saying the Company would not pay the $248.00. After all this, the DOL sent us a letter saying they would not penalize us for failing to pay but in the future we would be subject to civil money penalties for violations. They also issued their version of a right-to-sue letter to the ex-employee. And there the matter rests.
It's barely possible that she couldn't find an attorney to take a case for $248 - or maybe we just haven't heard from him yet.
Thanks all for your help with this.
As I posted, our investigator found one misclassified individual - (due to his lack of a 4-year degree) and we ended up paying him around $1100 in back O/T and promising never to sin again. We were also supposed to pay the complaining ex-employee $248.00 for overtime we say she never worked. Well, our President refused to pay this (on principle) even after receiving advice to the contrary from our labor attorney. So - we paid the $1100 but not the $248 and went round and round with the DOL over not signing a form that said we promised to pay both. In the end, we signed a hand-modified form. That is, the form had both items on it, the statement said we would pay both, but typed onto the form was another statement saying the Company would not pay the $248.00. After all this, the DOL sent us a letter saying they would not penalize us for failing to pay but in the future we would be subject to civil money penalties for violations. They also issued their version of a right-to-sue letter to the ex-employee. And there the matter rests.
It's barely possible that she couldn't find an attorney to take a case for $248 - or maybe we just haven't heard from him yet.
Thanks all for your help with this.
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