Employers, Be Prepared for Raids and Unannounced Workplace Enforcement Actions

Government officials may appear without notice at a workplace and demand to speak to workers in private and obtain personnel and business documents. Does your receptionist know what to say and do? Do they need a warrant or subpoena? Should you hand over the documents requested? If so, do they get copies or originals, and how can you get a log of what they took? Should you let them speak to your workers? If so, can you be present during interviews? Can you tell them no? Can they walk around the workplace any way they want? Can you park them in a less visible conference room? Who should the employer contact for assistance and in what order? These are just some of the questions employers should have the answers to in order to prepare for workplace enforcement actions.

Employers should consider the following topics in preparing for workplace enforcement actions:

• Designate an internal contact at the employer who is the initial point of contact in the event of an unannounced workplace enforcement visit.
• Designate internal and external legal counsel to be alerted.
• Have a script for the receptionist so they know what to say, do, and who to contact.
• Determine how to verify the governmental officer’s credentials and authority.
• Plan how you can contain the site visit so it is as discreet and least disruptive as possible.
• Determine what documents you will produce, if any, and how you will produce them.
• Determine which workers will be interviewed, if any, and how they will be interviewed.
• Ensure that everyone is honest and appropriately cooperative with the officers and that no one will face any retaliatory action for doing so.

We can assist employers in preparing for these enforcement actions. We will go through each of these questions and topics and prepare a plan for your workplace. If you would like assistance, please contact Berin S. Romagnolo or Nancy A. Noonan.