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How to Respond to a US Department of Labor Audit

Author: John Sarno, Employer's Association of New Jersey

The Wage and Hour Division of the US Department of Labor (Division) is the federal agency charged with interpreting and enforcing various laws and statutory standards, including the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), and the Immigration and Nationality Act (INA).

The Division has the authority to investigate or conduct an audit of a workplace to ensure compliance with the law. Generally speaking most of the Division's investigations and audits are initiated by current or former employee complaints. Others are enforcement activities directed at various targeted industries, such as the hotel, hospitality, food-service and janitorial services industries.