Department of Labor

The Department of Labor’s Wage and Hour Division is designated to interpret and enforce the FLSA.  The DOL may implement broad investigative powers that include inspecting the employer’s records, questioning employees, and investigating any facts in order to determine whether or not a violation has occurred.  Certain principals are clear in the DOL’s power:

*An employer’s records may be inspected through the use of a subpoena duces tecum.

*To instigate an investigation, the DOL needs only to assert relevance; “probable cause” is not necessary.

*The investigation is not limited to an employee’s complaints or allegations.