Increase in Department of Labor Employment Investigations Prompts Review of Classifications


Recently, the Department of Labor has expanded its activity with respect to audits of employee classifications.

Specifically, the Department of Labor has focused its attention on patternmakers and designers to determine whether or not companies are misclassifying these employees as exempt (aka “salaried”) employees. The Department of Labor (and the California Division of Labor Standards Enforcement for that matter) has consistently found that patternmakers and non-head designers should be classified as non-exempt employees who are entitled to overtime and meal and rest breaks.

Further, while or after conducting an audit of a vendor or supplier, the Department of Labor recently has begun to expand its audits to include investigations of manufacturers to whom the vendors and suppliers provide goods or services. As a result of the Department of Labor investigations, some companies have been forced to re-classify these employees as non-exempt and provide back pay for overtime.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Buchalter | Attorney Advertising

Written by:


Buchalter on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.