More Department of Labor (DOL) investigators are showing up unannounced at worksites and seeking to conduct immediate wage and hour investigations. Don't get caught flat-footed. All employers should have a notification protocol so that the proper people are notified if an unannounced investigation happens. The proper people could include corporate officials, HR professionals, and outside counsel. 

Put a game plan in place for what to do when the Department of Labor shows up at your door. Often when the DOL appears unannounced, an employer is unprepared or the records the government wants to see are not readily available. 

The documents DOL investigators seek in a surprise investigation typically include the names, addresses and telephone numbers of the company officers and the board of directors along with a company organizational chart (for a complete list, click here).  

The increased use of surprise visits might be attributable to a lack of confidence in those in the private sector and a desire to reap the benefits of taking an employer by surprise. Sometimes DOL suspects that an employer has child labor violations, in which case an unannounced visit is the best option in order to be there when any youth are working and to interview them or take their pictures.

Employers have a right to stand their ground at appropriate times. All you are required to provide is what's in the regulations. You do not have to disclose every aspect of the business. Sometimes investigators take pictures, and an employer has the right to protect its confidential processes, equipment, patents and business secrets.

To understand your obligations and how you should respond to an investigation, click HERE.

Massachusetts employers take note: Massachusetts' Transgender Equal Rights Bill, goes into effect on July 1, 2012. Massachusetts is the 16th U.S. state, along with Washington, D.C., to offer transgendered individuals protection from discrimination, although the Massachusetts Commission Against Discrimination has taken the position for years that transgendered individuals are protected under the definition of "sex" as a protected class.

The law prohibits discrimination on the basis of gender identity in employment, as well as housing, credit, and education. Massachusetts' existing state anti-discrimination law, Chapter 151B, is amended to include "gender identity" as a protected category. Chapter 151B applies to public employers and private employers with six or more employees.

The statute defines "gender identity" broadly as:

a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth.

In addition to protecting individuals who have undergone, or are seeking, sex reassignment surgery, the law also protects individuals who have a sincerely held belief that their gender identity is different from that received at birth. The law does not provide any insight into what characteristics of an individual's identity are "gender-related."

If you have not done so already, you should update your policies, handbooks, and harassment training to reflect this additional protected category. You should also consider training your managers about gender identity discrimination. If you are confronted with a gender-identity issue and need assistance navigating this new area of the law, or need help updating your policies, we are available.

Source: SHRM