DOL findings

JKlink · January 2003

Has anyone got some guidelines or practical experience in contesting the findings of a DOL audit?

vmiller MO · January 2003

Actually, yes. I suggest that you contact your legal counsel for two reasons. First, you need someone who can advise you on the law. The DOL's interpretation of the law is not always in accord with the courts. Second, the attorney becomes a buffer between you and Wage & Hour. Wage & Hour has to communicate through your attorney and you are able to formulate replies that are consistant with the positions that you want to take.

Don D · January 2003

VMiller is precisely right. But, be sure the lawyer has actual experience in the DOL audited area: wage-hour, FMLA, Child Labor law, etc.....you don't want this to be a training experience for the lawyer either. Contrary to popular opinion, they aren't all universally knowledgeable.

Pork · January 2003

CONTESTING FINDINGS PROBABLY SHOULD BEST BE HANDLED BY YOUR CORPORATE ATTORNEY, UNLESS YOU ARE WELL SEASONED AND FILL UP TO THE PROJECT. I CONTEST WHEN I KNOW THE LAW AS WELL AS THE DOL AUDITOR. GO FOR IT, YOU'LL WIN SOME AND YOU'LL LOSE SOME, BUT BE VERY CAREFUL AS TO WHAT INFORMATION YOU PROVIDE. IF YOUR FACTS ARE STRONGER THAN THE FACTS THEY FIND WITH YOUR RECORDS, AGAIN I SAY GO FOR IT! PORK

DOL findings

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