Employment law is a specialty that can make good use of a competent consulting expert. The statutes that are administered by the DOL/Wage and Hour Division are particularly complex. An experienced Wage and Hour consultant with an enforcement background can be very useful to an attorney who is defending an employer against a
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The services of a consulting expert with extensive Wage and Hour Division experience are also helpful when an attorney is assisting an employer in
the voluntary identification and correction of compliance difficiences (e.g., self-audit or compliance review),
responding to and resolving an (internal) employee complaint, or
conducting negotiations with DOL in connection with an enforcement action.
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Examples of How the Services of a Consulting Expert are Useful
Consultation will save time and enhance the accuracy of your determinations
Input of consultant after examination of evidence will be helpful in reaching conclusions as to the validity of claimed exemptions and the legality of pay plans
Investigator's conclusions will be examined for conformance to policies set forth in the Wage and Hour Division Field Operations Handbook (in order to establish a possible basis for negotiating back wages downward)
Consultant will make suggestions that will guide you in negotiations with DOL, or consultant will participate (if you prefer) in negotiations
You will be alerted to the possible existence of obscure exemptions
Consultant will inform you of plausible defenses that might be available as a result of DOL enforcement policies or guidelines, or nuances in regulations
Assistance will be provided if back wages are being computed (review of evidence, worksheet template and/or formula suggestions, etc.), or back wage computations will be scrutinized for the existence of flaws that are detrimental to your client
Misconceptions resulting from obsolete regulations will be clarified
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The benefits of consultation apply whether you are assisting an employer in voluntarily discovering and correcting deficiencies, dealing with an investigation by the Wage and Hour Division, seeking to reduce or eliminate penalties, or defending against debarment or litigation. In addition, if your client has been sued, a Wage and Hour consulting expert is helpful in these respects:
- Consultant is able to review the complaint and your proposed response; technical guidance will be provided
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Your draft interrogatories, answers to interrogatories, and discovery requests may be reviewed; modifications, if appropriate, will be recommended
IMPORTANT ADVISORY: If you are defending an employer that was affected by changes in the application of the FLSA "motor carrier" exemption because of SAFETEA-LU (August 10, 2005), please see the WHAT's NEW? page.
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During his enforcement career, Morris worked closely with DOL attorneys in litigation, penalty-appeal, and debarment cases. This included testifying in U. S. District Courts as a factual and expert witness. Since retirement from DOL, Morris has worked with attorneys as a consulting expert and expert witness. These experiences, coupled with solid technical expertise, will enable Morris to effectively and efficiently assist you.
Consulting expert services are available anywhere in the United States (via e-mail, telephone conferences, and examination of faxed or mailed records). Expert witness services are available within a limited geographic area of Texas.
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