HAVING TROUBLE WITH AGGRESSIVE FEDERAL INVESTIGATORS - READ THIS

It is not uncommon for many employers and their attorneys to complain that they are harassed by overly aggressive federal investigators, some of whom appear to be following prior administration policies that are no longer applicable.  In October, Cheryl Stanton, Administrator of the Department of Labor's Wage and Hour Division, addressed just this issue.  She acknowledged there was a common complaint that some field investigators are ignoring the Trump Administration policies and instead advancing Obama-era strategies that are now outdated.  In such situations, Stanton advised employers or their representatives to contact their district office director or to "flag it for the national office, and we can take a look and make sure that things are being applied correctly."  Stanton also emphasized that employers are free to "run it up the chain," and stated that: "We are trying to look at the best way to become one Wage and Hour Division instead of 54 district offices."  She noted that the division is in the process of retraining some investigators and reviewing the field operation handbook.

In a related development, many expect the new Secretary of Labor, Eugene Scalia, to direct new policy changes under a unifying but different interpretation of what constitutes fair Labor Department enforcement.  The result may be memos to regional staffs requiring more national office oversight of major cases to guarantee the agency's litigation resources are properly engaged.