By Christina Santillo, SHRM-CP, Senior Human Resources Consultant
The Department of Labor (DOL) appears to be broadening the scope of its Family and Medical Leave Act (FMLA) investigations to include elements of Fair Labor Standards Act (FLSA) compliance. According to recent reports, DOL investigators are increasingly requesting additional information from employers—even when the original complaint solely concerns FMLA leave.
What’s Changing?
During FMLA investigations, the DOL is now requesting detailed payroll data, including:
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Pay rates
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Hours worked
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Overtime calculations
Why Is This Happening?
The DOL’s approach reflects a growing interest in identifying potential FLSA violations that may be linked to FMLA leave usage. For instance:
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Were employees properly paid during FMLA leave periods?
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Are pay calculations, including overtime, compliant with FLSA standards?
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Are there broader wage and hour issues tied to the employee’s time off?
What Does This Mean for Employers?
Employers must prepare for a more thorough review of their employment practices, even if the initial investigation focuses solely on FMLA compliance. This dual scrutiny could expose wage and hour compliance issues unrelated to the original complaint.
Action Steps for Employers
To reduce risks during an investigation, employers should:
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Train Managers on FMLA Compliance
Ensure all managers understand FMLA regulations, including employee rights and employer responsibilities. Keystone offers comprehensive FMLA training for managers, and annual refreshers are highly recommended. -
Review Payroll Practices
Confirm that payroll systems and procedures align with FLSA requirements, particularly regarding FMLA-related leave and pay calculations. -
Maintain Accurate Records
Keep detailed and organized records of time worked, pay rates, and any FMLA leave taken to provide clear documentation if requested during an investigation. -
Conduct Internal Audits
Regularly audit employment practices to ensure compliance with both FMLA and FLSA regulations.
Stay Proactive
By taking a proactive approach to compliance, employers can reduce the risk of violations and handle DOL investigations with confidence. Investing in annual manager training and periodic policy reviews can help you stay ahead of potential issues and protect your organization.
Keystone is here to support your compliance efforts. Contact us today to schedule FMLA training or discuss how we can assist with your HR needs. Contact us at 855-873-0374 or email .
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