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Preparing For, Defending and Resolving Federal and State Department of Labor Wage and Hour Investigations and Audits

(142 reviews)

Produced on May 11, 2020

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Course Information

Time 1h 1m
Difficulty Intermediate
Topics covered in this course: Labor & Employment

Course Description

It only takes a single employee making a complaint to a Department of Labor to start an audit or inspection. This audit may evolve to include an investigation of not only the immediate complaint but all of the employer’s compensation practices. These investigations can generate not only assessments of allegedly back due to wages, but penalties as well. This program will address how best to prepare for such an audit, what to say - and not say - during the audit, and how to respond to ostensible audit findings to get the best resolution for your client. 

Taught by employer-side attorney Mark Tabakman of Fox Rothschild, LLP, the program will take a practical and focused dive into everything an employer needs to know about today’s complex wage-hour laws.  

Learning Objectives:
  1. Prepare for a DOL Audit, including document production, employee interviews, and identifying the best legal positions for your client to adopt
  2. Deal with the Audit, including what to say and how much discovery to produce
  3. Achieving the best result for your client under the circumstances 

Credit Information

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Mark Tabakman

Fox Rothschild LLP

Mark is a labor and employment lawyer who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions to employment issues and problems.

Mark concentrates in wage-hour law. He has extensive wage-hour experience and has represented more than 200 clients before the United States and many state Departments of Labor on misclassification (i.e. exemption), working time, child labor and other issues. He has deep experience in construction wage-hour law, where he represents construction contractors and sub-contractors in federal Department of Labor Davis-Bacon cases and audits, Service Contract Act cases and audits, state Department of Labor prevailing wage inspections, audits and debarment proceedings.

Mark publishes the Wage & Hour -- Developments & Highlights Blog to provide the latest information and his observations on new developments in wage-hour law, such as class actions, exemption/misclassification and working time issues. He has defended a number of individual plaintiff and class overtime actions brought under the Fair Labor Standards Act and various state laws. Some of his representative matters include:

A case of first impression, UTU, Local 1759 v. ONE Bus Company, 111 F.Supp.2d 514 (D.N.J. 2000), in which he successfully relied upon a single U.S. Department of Labor Opinion Letter to defeat a class action in which the agreed-upon damages were $750,000.

In Moeck v. Gray Supply Company, another class action, he defeated a motion for conditional class certification and succeeded in having the action dismissed via summary judgment, an uncommon occurrence at such an early stage in a class action.

In Kavanaugh v. Grand Union, 192 F.3d 269 (2d Cir. 1999), the Second Circuit agreed with his argument that travel time of four to six hours was “ordinary” home-to-work commutation and therefore non-compensable.

Where the New Jersey Department of Labor made a preliminary overtime assessment of more than $400,000, he was able, in a single meeting with Department officials, to secure complete rescission of the overtime assessment and settle the case for a nominal record keeping penalty.

In August 2009, in a case of first impression in the District of New Jersey, he successfully utilized an Offer of Judgment under Federal Rule of Civil Procedure 68 to dismiss an FLSA collective action.

Mark has concentrated on the high profile, large-dollar exposure issue of exemption misclassification affecting the financial services and banking industries. He has presented at national conferences, addressed these issues in his wage-hour blog and has defended financial services employers in DOL audits.

Mark also has a strong background in traditional labor law. He has acted as Chief Spokesperson at numerous labor negotiations. He has arbitrated numerous cases involving both wrongful discharge and contract interpretation claims. He has defended employers in numerous NLRB proceedings, representational and unfair labor practice. He has also litigated several non-compete/restrictive covenant cases (on both the plaintiff and defendant side) as well as employment discrimination cases in federal and state courts.

Mark is a frequent guest speaker on wage-hour and employment law issues and has appeared on local and national television programs commenting on these matters. He authored a weekly column on labor and employment issues titled "Making the Law Work."

Some of his representative appearances include:

Presentation of day-long seminar on Davis-Bacon Act, Service Contract Act and New Jersey Public Contracts Act issues (Cherry Hill, New Jersey, February 2010)

Presentation on recent wage-hour developments at the “Hot Legal Topics” seminar sponsored by the New Jersey Business & Industry Association (October 2009).

Presentation on child labor issues to the statewide conference of the New Jersey Amusement Employers Association (Atlantic City, March 2009).

Presentations at statewide conferences of the New Jersey Payroll Association on new FLSA exemption regulations and current developments in New Jersey wage-hour law (May 2003, May 2004).

Presentation at the national conference of the Mortgage Bankers Association on exemption and misclassification issues in the financial services industry (Washington, DC, June 2001).

Presentation of Wage and Hour Seminar of the New Jersey Department of Labor & Workforce Development and the Essex County Employer Council (Roseland, NJ, May 15, 2008).



Wilson S.

Great content

Ahban S.

This was a great course.

Melissa J.

Outstanding presentation by Mr. Tabakman.

Kyle S.

Excellent presenter with amazing experience.

Melissa T.

great presenter; one of the best and most engaging lecturers I've had on lawline.

Mark S.

Good, thanks.

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