From the Hotline: Investigator Interviews During Workplace Investigation

Question: When the Department of Labor’s Wage and Hour Division (WHD) conducts an unannounced investigation to determine compliance with the Davis-Bacon Act, is the auditor permitted to speak with employees?

Answer: An investigation may or may not include an announcement; thus, investigators may speak with employees without providing advance notice. According to the WHD, an investigator is not required to announce the scheduling of an investigation, although in many instances the investigator will advise an employer prior to opening the investigation. The investigator has sufficient latitude to initiate unannounced investigations in many cases in order to directly observe normal business operations and develop factual information quickly. An investigation may include review of staff, payroll records, contract assignments, or other fact gathering sources.

Additional information pertaining to WHD investigations can be found in Fact Sheet #44.