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Wage and Hour Litigation/Increased DOL Enforcement Activity. THINGS TO CONSIDER BEFORE THE DOL COMES KNOCKING Tonya C. Jordan Senior counsel, labor and employment ConocoPhillips company. Offense or Defense?. Last “comprehensive” internal position audit in 2004

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Wage and hour litigation increased dol enforcement activity

Wage and Hour Litigation/Increased DOL Enforcement Activity

THINGS TO CONSIDER BEFORE THE DOL COMES KNOCKING

Tonya C. Jordan

Senior counsel, labor and employment

ConocoPhillips company


Offense or defense
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
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
Issues/Challenges

Available documentation

Education and alignment with HR and management – at all levels

Change management – do not underestimate the importance

Prepare to meet with resistance from various sources and levels

Maintain control of the flow and timing of communication

Imperative to have credible and trustworthy interviewers

Be adaptable and prepared for the “unknown”


Issues challenges1
Issues/Challenges

  • Implementation and handover to HR

  • Prepare to answer “why” the company is doing this

  • Develop 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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