things to consider before the dol comes knocking tonya c. jordan senior counsel, labor and...
Post on 17-Dec-2015
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THIN GS TO C O NS IDER BEFO RE THE DO L C O MES KNO C KIN G
TO N YA C. JO RDANS ENIO R C O UN S EL , LAB O R AND EMPLO Y MEN T
C O N O C O PHILLIPS C O MPANY
Wage and Hour Litigation/Increased DOL
Enforcement Activity
Offense or Defense?
Last “comprehensive” internal position audit in 2004
DOL challenge on certain positions in one location in 2005
Stop and start efforts to audit a job site with use of internal HR resources 2008-2010
Continued promises from the DOL in 2010 to increase enforcement activities related to misclassification issues
Manage Internally or Retain Outside Counsel?
Depends on how comprehensive of a review you want to undertake. Important considerations: Resources Available information Accessibility of information Privilege
Issues/Challenges
Available documentationEducation and alignment with HR and management
– at all levelsChange management – do not underestimate the
importance Prepare to meet with resistance from various
sources and levelsMaintain control of the flow and timing of
communicationImperative to have credible and trustworthy
interviewersBe adaptable and prepared for the “unknown”
Issues/Challenges
Implementation and handover to HRPrepare to answer “why” the company is doing thisDevelop good tools (checklists) for supervisors who
have not managed non-exempts before Do not forget about “BYOD” implications
Decide, with full management buy in, how to handle employee challenges to the reclassification decision No back pay? 2 years back pay? 3 years back pay Release?
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