Why Labor Brain?

The Labor Brain Inc. offers a service which is not only valuable – it’s extremely rare!  Our employees are former investigators for the U.S. Department of Labor and they have seen firsthand how audits are conducted, how decisions are made regarding penalties and fines, and how each part of the law is enforced. Here at the Labor Brain we know that the majority of employers are trying to do the right thing and we make sure you have the information needed to do that and stay in compliance.

If your company has never dealt with a Department of Labor audit or a Fair Labor Standards Act lawsuit consider yourself lucky. The amount and intensity of labor lawsuits and government audits has increased dramatically in the last 5 years.  This has occurred simultaneously with tighter regulations and changing interpretations of the laws and how they are enforced. For example, the assessment of liquidated damages (effectively doubling the amount a company owes) is quickly becoming the norm for all audits.

It can be difficult to explain to a business owner the importance of compliance if they have never experienced an audit themselves. Click on a few of the links below for examples of the consequences of non-compliance:

$2 million for overtime resulting from staffing agency not paying overtime for work done for different clients

$50,000+ to one employee for FMLA

 $1 million resulting from use of independent contractors at cable installation company

$3 million for overtime at gas station including liquidated damages and fines

And it’s not just the big companies…

Remember that the federal wage and hour rules apply to most companies that have more than 2 employees!

Restaurant in Wisconsin

Oil Field Company in Oklahoma

Real Estate in Nebraska

Truck drivers in Texas

The Labor Brain Inc. offers the following services to help employers get on the right track:

  • Wage and Hour Exposure Analysis -Get in compliance before the government comes knocking! The Labor Brain will do a mock audit so that you may review and fix any issues that could cause problems down the road.
  • Wage and Hour Audit Assistance – If you have been contacted by the U.S. Department of Labor Wage and Hour Division or you are currently undergoing an audit, this service is for you. Get help from former investigators who will support you throughout the audit process.
  • The H Audit – A specialized audit service for employers who participate in the H2A or H2B guest worker programs. Let the Labor Brain review your guest worker program implementation. These programs are a favorite target of the U.S. DOL Wage and Hour Division and the penalties for slight infractions are high.
  • Presentations and Trainings –  Kalen frequently presents at professional association meetings.  You can request an standard presentation or we can create one specifically tailored to your needs.  Training is available for groups of employers, supervisors, HR directors and payroll managers. We present and train on all Wage and Hour topics.
  • Retainer – If you are a large employer, PEO, payroll company, law firm, or accounting firm you may be interested in setting up a retainer with The Labor Brain. We offer the most up to date expertise on federal labor law enforcement after working for several years as investigators in the field.  Retainer packages are designed to meet clients’ needs and specifications.  Rates vary from $115 – $165 per hour based on the total number of hours requested.

The Labor Brain Inc. is not a law firm and its employees do not practice law or provide legal services.  The information provided on our website,  in email correspondence with representatives of The Labor Brain, and at outreach events is for informational and educational purposes only.  The information provided is not a substitute for the advice of an attorney.