In a BLR webinar entitled "Exemption Audits: Prepare Now for Stepped-Up Department of Labor (DOL) Enforcement -- Who's Entitled to Overtime and Who's Not," Cheryl D. Orr, Esq. partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP enumerated the effective components of an exemption audit.
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- Why? Because is a good business practice and/or legal counsel has discovered incongruities.
- Who? Sometimes internal investigations work well if carried about by inside counsel or Human Resources professionals. Other times independent legal and statistical counsel will be useful.
- What? Consider specifically what you will look at before determining the scope of the audit.
- How? Start with the paper, move to the people. Discover what you have in writing first, then consult relevant individuals to discover potential discrepancies.
Following a report, and if litigation is pending, the question remains whether to change practices and classifications mid-stride. Most legal precedent determines it cannot harm your case to do so.
Cheryl D. Orr, Esq. is a partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP. She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions. She regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force and offers employer advice and counseling.