Here’s the scenario: An established client calls, franticly informing you that their company just received a letter or a call from an investigator at the U.S. Department of Labor’s Wage and Hour Division (WHD), demanding that the company produce several categories of documents in as little as 72 hours. The client is surprised by the investigator’s request, does not know what to do, and is worried about the potential financial exposure that could result from the investigation. As the client’s go-to attorney, how do you proceed?
At the outset, plan on contacting the WHD investigator within 24 hours of the client’s receipt of the investigator’s letter to introduce yourself and schedule a time for a call. This will put the investigator on notice that they will be interacting with an attorney, and not the company’s owner or employees directly. This will also allow you time to confer and strategize with your client regarding the investigation.
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