Description

The DOL offers several self-reporting and/or voluntary participation programs for employers to establish a more cooperative relationship between the employer and agency. While these programs can help mitigate the impact of certain enforcement actions and penalties against employers, they carry risks as well.

For example, the DOL recently reinstated its PAID program which allows employers to voluntarily disclose and correct FLSA-related violations and now also includes an opportunity to self-disclose and correct certain FMLA violations. Benefits for self-disclosing potential FLSA violations include allowing employers to provide relief to employees without the risk of liquidated damages from a lawsuit or civil monetary penalties from a wage and hour investigation. However, a PAID settlement may not resolve state law claims, and employees have the option of rejecting the WHD-proposed backpay settlement and retaining the right to file a private suit.

Other DOL programs in which employers may voluntarily participate include OSHA's VPP which requires employers to implement effective safety and health management programs, submit an application, and subject themselves to rigorous on-site evaluations to be admitted to the program, as well as periodic evaluations thereafter to maintain VPP status.

Additionally, DOL/VETS recently launched a program for employers seeking guidance on USERRA compliance called SALUTE. While the program provides an avenue for employers to request technical assistance to resolve USERRA compliance questions under circumstances unique to the employer and potentially avert DOL/VETS complaints, the request is not anonymous and the discoverability of employer inquiries through FOIA requests and the extent of the employer's compliance with the DOL/VETS opinion may either bolster or undermine defenses in a future suit.

Listen as our expert panel provides a comprehensive overview of DOL programs that offer voluntary participation and/or self-reporting opportunities for employers. The panel will discuss the benefits and risks of employer participation and how to assist employer clients with navigating program requirements.