When can the Labor Department question employees?

Is it legal for someone from the Department of Labor to go to question an employee during work hours (while out in the field) or go to the employee’s home and ask them about how they are being paid by their employer, when they have not filed a complaint to the Department of Labor?

Posted 03-16-2011

Ann Kiernan replies:

Yes. Wage and hour investigations and audits can be conducted even if no one has filed a complaint.


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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.