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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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i am a temporary agency owner, my question is : how bad is

Customer Question

i am a temporary agency owner, my question is : how bad is it going to be if person from department of labor want to set a meeting with me ?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

Unfortunately, I would be purely speculating on how bad the situation is if I don't get some further information from you first.

Do you know the reason why the person from the labor department wants to meet with you or has he not disclosed the reason at all?

Do you have any reason to believe that it could be due to a failure on your part to do one of the following: pay employees' all wages that are earned; have workers' compensation insurance on all employees; pay employees overtime (at a rate of time and a half for all hours worked in excess of 40 in a day; pay employees minimum wage?

In other words, do you know if your agency has complied with all applicable Pennsylvania and federal employment law? If not, do you know if you may have failed to comply in a certain area?

Also, can you tell me if you've ever been contacted by the labor department before, or is this the first time someone from the labor department has asked to meet with you?
Expert:  Joseph replied 1 year ago.

Hello Lidya,

 

It would have been easier for me to give you a thorough and complete answer if you answered my follow up questions, but I can still provide some guidance to you without those answers.

 

Normally, when you are contacted by the labor department it is due to one of two reasons.

 

1) An employee complaint that has prompted an investigation or

 

2) An audit that has been scheduled randomly or due to something appearing possibly wrong.

 

That said, if it is a random audit, it will just be an inconvenience (and obviously a bit nerve racking) to have to meet with someone from the labor department.

 

If there has been an employee complaint, this is likely the first step in an investigation, which will possibly determine if the investigation goes any further or not.

 

Ultimately if you are found to have committed a labor code violation of some type, you would be possibly looking at having to pay unpaid compensation to an employee, and possibly having to pay penalties and fees to the employer and/or labor board for the violation if you are ultimately found to have committed some wrongdoing.

 

This would necessarily entail that you are either brought before the labor board or brought to court, so you will have the opportunity to defend yourself and your agency from any accusations made against you at that time if need be.

 

 

Since my goal is to provide you with excellent service today, please let me know if you have any follow up questions.

If not, please remember to rate my answer positively so I get credit for my work!

 

Thanks and best of luck!



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Joseph
Joseph
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Extensive experience representing employees and management