Department of Labor Investigations and Enforcement Actions
The Law Offices of Kevin J. Dolley represents clients in investigations, audits and enforcement actions brought against them by federal and state departments of labor. If you or your company has received a notice of violation(s) from the Department of Labor, it is imperative that you immediately retain experienced counsel. Our attorneys know how to take prompt action to defend your interests.
Often, federal and state departments of labor receive complaints from current or former employees, or groups of such employees, based upon allegations about their pay, hours, or other working conditions. Sometimes, what may appear to be a small issue with one employee turns into a substantial issue impacting all employees. And when this happens, employers can suddenly face substantial fines and penalties by a department of labor and/or its related agencies—fines and penalties which may threaten the existence of your business.
Departments of labor often have several agencies under their umbrella that deal with different workplace matters, including, for example, the Wage and Hour Division (“WHD”) and the Occupational Safety and Health Administration under the United States Department of Labor (“USDOL”). No matter the agency or division handling the complaint, or the type of issue at stake, our Firm knows the underlying substantive and procedural issues at play in such proceedings. We have extensive experience with government investigations under federal laws, such as the Fair Labor Standards Act (“FLSA”), the Occupational Safety and Health Act (“OSHA”) and the Davis-Bacon Act (“DBA”). We also have extensive experience with such investigations under state laws, such as the Missouri Wage and Hour Law (“MWHL”) and the Missouri Prevailing Wage Law.
With this broad base of knowledge and experience, our attorneys have successfully secured dismissal of complaints, eliminated or significantly reduced penalties, and prevailed in arbitration over such complaints. Whether its an overtime, minimum wage, misclassification, prevailing wage, or unfair labor practice complaint, we have the specific expertise and knowledge of both federal and state laws needed for your business to effectively defend against such claims and protect its interests in these legal proceedings.
Counseling & Auditing
In dealing with a government investigation or complaint, we also work closely with our clients to review their workplace policies and practices and provide them advice and key insights as to how to shape or alter them in a manner that will reduce the likelihood of disputes, liabilities, fines, or other issues in the future. See Preventative Counseling. While an unfortunate event, receipt of a notice of violation or government investigation is often an unwelcome reminder of the ever-present need to work and collaborate with experienced and knowledge counsel to ensure the greatest extent of legal compliance practicable. Given the results we obtain in response to a government investigation, our clients often ask us to provide ongoing legal counsel regarding best practices and incidents that arise in the workplace.
However, we strongly encourage businesses and business leaders to not wait for a notice of violation or government investigation to occur before having an attorney review your workplace policies and practices for potential compliance issues. From our experience, proactive consultation with experienced counsel about workplace policies and practices is the best avenue for your business to avoid pitfalls and minimize risks of legal liability, non-compliance, fines, and other penalties. It is our goal to help you and your business avoid government investigations altogether, so that your business may operate and grow without fear of sudden, substantial liabilities and/or fines resulting from workplace policies or practices.
Contact attorney Kevin J. Dolley to discuss your matter or dispute by telephone at (314) 645-4100 or by email at email@example.com.