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The U.S. Department of Labor (DOL) has announced several self-audit programs to help employers, unions, and pension plans assess and improve compliance with federal labor laws. Specifically, the July 24 press release touted the programs, which include new and updated offerings from multiple DOL federal agencies. The self-audit programs are also aimed at enhancing worker protections while reducing the likelihood of formal investigation or litigation. Earlier this week, the DOL announced the return of its Payroll Audit Independent Determination program, also known as the PAID program. Under this program, employers can facilitate early resolution of costly compliance issues. Altogether, the PAID program mainly focuses on the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).
DOL Statement on Self-Audit Programs
According to Deputy Secretary of Labor Keith Sonderling, self-audits are an effective way to build and remain in compliance with labor laws. “These programs are designed to give employers, unions, and benefit plan officials the tools they need to correct potential violations proactively. By empowering the regulated community with clarity and collaboration, we are continuing to fulfill the Department of Labor’s mission to put both workers and employers first.”
Overview of the Programs
As has been noted, multiple agencies held under the DOL umbrella created and updated these self-audit programs.
Employee Benefits Security Administration (EBSA)
The EBSA offers two self-correction programs for fiduciaries and benefits plan administrators:
- the Voluntary Fiduciary Correction Program (VFCP)
- the Delinquent Filer Voluntary Compliance Program (DFVC)
By comparison, the VFCP encourages employers and plan officials to voluntarily correct violations of the Employee Retirement Income Security Act (ERISA). Meanwhile, the DFVC promotes voluntary compliance with ERISA’s annual reporting requirements and offers incentives to late filers. Some of the incentives include paying lower penalties.
Mine Safety and Health Administration (MSHA)
This agency’s new Compliance Assistance in Safety and Health program features resources available to mining operations. Generally, these resources are available in an “information hub” on the agency’s website. Included in these resources are links to a variety of safety and health topics to assist mining operations. Also provided is direct contact to safety and health specialists to address business needs related to compliance.
Occupational Safety and Health Administration (OSHA)
OSHA is expanding its Voluntary Protection Programs to help workplaces develop strong safety programs and lower injury rates. Under these programs, employers agree to undergo regular self-evaluations and avoid routine inspections. The agency also still has its On-Site Consultation Program, which offers free and confidential safety services to most businesses.
Office of Labor-Management Standards (OLMS)
This agency runs the Voluntary Compliance Partnership program, which helps unions assess compliance with the Labor-Management Reporting and Disclosure Act. The program focuses on key areas such as reporting and disclosure requirements and financial integrity.
Veterans’ Employment and Training Service (VETS)
Finally, VETS has launched a new program, SALUTE: Support and Assistance for Leaders in USERRA Training and Employment. Overall, SALUTE helps employers proactively review their policies and practices under the Uniformed Services Employment and Reemployment Rights Act (USERRA). By completing this self-audit program, workplaces can achieve good-faith compliance and ensure service members' employment rights.
Employer Takeaways
In conclusion, employers who are required to follow any of the laws listed above should look into participating in these self-audit programs. By releasing these resources, the DOL believes that it is showing its commitment to providing businesses with easier ways to comply with labor laws. For more information or to access all of the current self-audit programs, visit the Self-Audit Program webpage.
