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On March 24, 2009, the Department of Labor (“DOL”) issued a expression production explicit that employers, including Hawaii employers, can expect an increase in DOL audits. The statement, issued through Secretary of Labor, Hilda Solis, can be found at the DOL’s website,[link widoczny dla zalogowanych], />
Among other things, Ms. Solis stated that she is "committed to ensuring that every worker is paid at fewest the minimum wage, that those who work overtime are properly compensated,[link widoczny dla zalogowanych], that child labor laws are strictly enforced and that every worker is invested a secure and wholesome context.”
In addition:
The department's Wage and Hour Division has already begun the process of joining 150 new investigators to its field bureaus to refocus the agency on these enforcement responsibilities. In appending, below the American Recovery and Reinvestment Act, the agent ambition employ 100 investigators to ensure that contractors on stimulus projects are in compliance with the appropriate laws. The addition of these 250 new field investigators,[link widoczny dla zalogowanych], a staff addition of more than a third, will reinvigorate the work of this important agency, which has underwent a loss of experienced workers over the final several annuals.
Finally, Ms. Solis stated that: “I am devoted to ensuring compliance with federal labor laws to both reinforce our economic and protect workers in this country."
Given the expressed ambitious of DOL, it is critical that Hawaii employers take the necessary treads, immediately, to both reduce the risk of potential obligation interlocked to a feasible audit AND to arrange for audit itself.

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Thus, Hawaii employers ought at a minimum take the emulating steps prior to and during the audit:
? Review disburse practices and policies apt ensure obedience with either federal and Hawaii state law, including minimum remuneration, overtime, and classification of employees (agree regional advice to help identify problem zones);
? Ensure your policies and recordkeeping are consistent with the law;
? Update job specifications invariable with the tangible performance of the duties and responsibilities of the positions at issue;
? Keep supervisors in the loop and accused of the latent of one inspect. Your supervisors are the eyes and ears of the Company and can facilitate it in identifying latent problem areas;
? Review areas outdoor of wage and hour issues about which an employee could complain to a field investigator;
? Establish a point human for dealing with the investigator and have always requests for information bring an end to ... namely person. Such person needs to have the aptitude to retain the professionalism and courtesy needful to deal with DOL,[link widoczny dla zalogowanych], merely in the meantime tin be tight while necessary;
? As the “voice” of the Company, the representative needs to be educated aboard what to expect and the proper way to response characteristic inquiries at the investigator;
? To the amplitude possible, cull and make available the records requested by the investigator in advance and in a chamber divide from the main operations of the affair;
? Make employees accessible as interview during work hours so they are no contacted by family;
? Document all conversations with the investigator and maintain copies of the documents provided to him/her throughout the audit process;
? Ensure that the Company solicitor is present during all interviews with supervisory employees;
After the audit is completed,[link widoczny dla zalogowanych], it is critical that the Company not repeat anyone mistakes in policies alternatively programs identified by DOL. Accordingly, whichever necessary revisions should be made promptly with assistance of counsel.
Roman Amaguin, Esq.; [link widoczny dla zalogowanych];
Roman Amaguin,[link widoczny dla zalogowanych], Esq. is a Hawaii attorney specializing in employ law, fatigue law, and civilian litigation.