- It is our companys job to make sure that your manufacterer is complying with the law so that you recieve your shipments on time and avoid lawsuits. However, in case you do have problems with the law, our partner, Labor Law Employer Defense Corporation will represent you.
- Our service includes:
- Monthly/Quarterly Unannounced Inspections
- Detailed Feedback
- Status updates.
- 24 hour phone service.
- Tips on how to improve.
- Information:
- We grade inspections with either a Pink, Yellow, or Green grade. For more information, look at the bottom of the page.
- We grade inspections with either a Pink, Yellow, or Green grade. For more information, look at the bottom of the page.
Don't forget to join our email list to get information that will help your company. Spam Free.
Visit our Resources page to see what we take into account during inspections.
Our website has been revamped to accommodate more of your needs.
STEP BY STEP MONITORING PROCESS
The monitoring program involves various aspects of compliance with applicable minimum standards set by law and/or statute. The task of implementing the Contractor Compliance Program has been delegated to Labor Law Monitoring and Compliance Corporation. Labor Law Monitoring and Compliance Corporation conducts unannounced inspections to determine compliance with the Fair Labor Standards Act pertaining to minimum wage, overtime, homework, employment of child labor, and record keeping: Amongst these standards, required licenses, permits, and insurance policies are also verified. Compliance with applicable State labor laws is also insured. A safety inspection with OSHA guidelines is conducted. The inspection process includes the following procedures:
• SURVEILLANCE: Conducted prior to each inspection during the “off “ hours of the day. Surveillance is utilized to determine if off clockwork is occurring, and if homework and/or sub-contracting exist.
• UNANNOUNCED INSPECTIONS: Each inspection is conducted unannounced. The reason for unannounced inspections is two-fold. 1) The US Department of Labor insists that part of an effective monitoring program must include unannounced monitoring and 2) We wish to see the true work environment.
• INTRODUCTION: At the beginning of the inspection, Labor Law's consultants introduce themselves informing the person in charge the purpose for their visit. Once consent is obtained to conduct the inspection, the procedures of the inspection process are discussed.
• EMPLOYEE INTERVIEWS: A random sample of employees is interviewed to determine certain practices of the contractor such as payment of wages, work hours, and treatment of employees. Interviews are conducted in confidence with each employee to obtain true facts about the contractor's practices.
• REVIEW OF PAY ROLL RECORDS: This portion of the inspection process is one of the most delicate and intrusive. Payroll records are matched versus employee statements, surveillance, manufacturer quality control counts, timecards, and production records to determine if minimum wage and overtime requirements are met. Timecards are also reviewed to determine their originality and correspondence to the employee statements. During this portion of the inspection cancelled checks are viewed for past payrolls to ensure that the payroll records reviewed are in fact being funded. Additionally, the quarterly tax records are reviewed to ensure that taxes are paid properly and that all employees are reported on the quarterly report.
• RECORD KEEPING REVIEW: This portion of the inspection deals with the contractor's record keeping practices. An employee headcount is conducted and then matched with the corresponding timecards for the week. This is done to ensure that employees have not forgotten to document their timecards properly. By ensuring proper record keeping with the timecards, minimum wage and overtime requirements are more likely to be met. Employee I9 and W4 forms are reviewed to ensure that they are complete and that each employee has these forms on file. While reviewing the I9's each employees age is verified. Lastly, past payroll and timecards records are reviewed to ensure that all record keeping requirements are met.
• OSHA INSPECTION: A health and safety inspection is conducted to ensure that the contractor is providing the employees with a clean and safe work environment.
• DISCUSSION OF COMPLIANCE ISSUES: During this phase of the inspection each employer is informed of any new legislation and/or compliance issues that have arisen that they may not be informed of. Paper work is also provided if made available to Labor Law. As insignificant as this portion of the inspection may seem, we find it one of the most important aspects due to the fact that a great number of violations occur because the employer is not informed.
• DISCUSSION OF DEFICIE NCI ES AND RECOMMENDED CORRECTIVE ACTION: A sit down conference is conducted at the end of each inspection. During this conference all deficiencies detected during the inspection are discussed in detail. The employer is informed of the consequences that may arise from certain deficiencies including back wages owed, and a recommended corrective action plan is proposed. The purpose of the recommended corrective action plan is to educate the employer on how to comply, and provide different solutions to their never-ending compliance questions. Whether or not the recommended corrective action is followed is up to the contractor, however, by providing a plan you have set the company up to succeed.
LABOR LAW REPORTS: Once all the facts are gathered, the Labor Law consultants generate a written report for the manufacturer that informs them of the level of compliance in the facility. A “GREEN” report means there are no deficiencies. A “YELLOW” report means there are minor concerns that may affect the contractor, but not the manufacturer. A “PINK” report means that the manufacturer may be held liable for any fines and/or back wages calculated.
FACTS OF INSPECTION REPORT
The inspection report consists of a three-page document . There are three different levels of monitoring , for which the reports written are separated by color depending on the monitoring level. The monitoring levels consist of low intensity, intermediate intensity, and high intensity monitoring (Please see sample report colors included in this section).
LOW INTESITY MONITORING -Monitoring at this level is conducted on a quarterly basis. Reports for this level are written on a GREEN report . This report indicates that there are no deficiencies or violations and that this contractor is a low risk for sourcing.
INTERMEDIATE INTENSITY MONITORING -Monitoring at this level is conducted on a monthly basis. Reports for this level are written on a YELLOW report . This report indicates that there are minor deficiencies, which do not affect employee wages, employment of minors, or homework. This report requires that the contractor meet __________ and discuss a corrective action plan which will be implemented to correct all deficiencies found. At this level the contractor is considered a moderate risk for sourcing.
HIGH INTENSITY MONITORING -Monitoring at this level is conducted on a weekly basis. Reports at this level are written on a PINK report. This report indicates serious deficiencies that can, will, or violated specific provisions of the Employer Compliance Program (ECP). Having a PINK report will require Labor Law Monitoring and Compliance Corporation to inform __________ that this contractor is a high risk for sourcing. A Labor Law Monitoring and Compliance Corporation consultant will then request a conference with the contractor and a representative of Fetish Group Inc., to discuss the severity of the deficiencies. The Labor Law Monitoring and Compliance Corporation consultant will help facilitate the understanding of the deficiencies found and a plan for corrective action will be implemented.
Intermediate and high intensity monitoring level contractors will be helped by__________, and Labor Law Monitoring and Compliance Corporation to reach the low Intensity level. As a goal ___________, would like to work only with Low Intensity level contractors, however we believe that all contractors deserve the opportunity to reach this level and we will do all we can to assist them in doing so.
The first page of the report is a fact sheet pertaining to the contractors company, hours of operations, pay period, pay day, time of inspection, workers compensation, garment registration, and percentage or work distribution.
The second page consists of answers to questions that acknowledge compliance or non-compliance with the “Hot Goods” provision of the Fair Labor Standards Act (FLSA), such as minimum wage, overtime, homework, and record keeping requirements.
The third page consists of answers to questions that indicate compliance to confiscation of goods, joint liability, child labor, hot goods, and homework provisions of the Fair Labor Standards Act and State law. This page also contains a space for a narrative summary of the inspection, including procedure, findings, deficiencies, and corrective action plans discussed with the contractor.