Hello, and welcome to LegalEase. Today we will talk about the expected data sharing between the EEOC and the Department of Labor Wage and Hour Division.

A couple of months ago, the two agencies (EEOC and Department of Labor) entered into an agreement called a Memorandum of Understanding. This is a voluntary agreement where the agencies decided to help each other with conducting investigations and audits. In the agreement, the agencies stated that they will collaborate as relates to data sharing, joint research, guidance, and outreach projects. If one agency receives a claim filed against a company that agency will share information with the other. The agencies plan to refer complaints, collaborate on investigations, organize investigations together, and train each other’s staff so that, for example, the staff at the EEOC will be trained on regulations that are investigated by the DOL and vice versa.

Employers, let me give you a scenario. If an employee  files a charge with the EEOC and during the investigatory process mentions a potential violation of wage and hour law, the EEOC will immediately refer that claim to the Department of Labor. A employer could potentially have two investigations conducted simultaneously. It’s a big deal!

Employers, if you are audited by one federal agency, please give us a call. We can take steps to try to prevent any other agency from investigating you or to limit exposure as much as possible. We are happy to assist. Our link is always in the bio. Thank you for joining LegalEase.