how often should you check with your attorney regarding a case dol

by Cora Kihn 4 min read

Your personal injury attorney should be contacting you at least once every few weeks to remain informed about the status of your medical treatment and whether there are any new issues to address regarding your overall claim. Further, you should not feel like you are pestering the attorney or law firm by calling to receive an update.

Full Answer

How often will I hear from my attorney during my trial?

 · Your personal injury attorney should be contacting you at least once every few weeks to remain informed about the status of your medical treatment and whether there are any new issues to address regarding your overall claim. Further, you should not feel like you are pestering the attorney or law firm by calling to receive an update. At the end of the day, you are …

How often should my personal injury attorney contact me?

 · Often, in a criminal case, the old adage “no news is good news” applies. Your attorney should certainly keep you informed at all stages of the process; however, it is not unusual for weeks to go by without any contact. Just keep in mind that just because your attorney has not called you recently does mean that he/she is not working hard on your case, and, of course, if …

What happens if an employee files a complaint with the Dol?

Section 11(a) of the FLSA authorizes representatives of the Department of Labor to investigate and gather data concerning wages, hours, and other employment practices; enter and inspect an employer’s premises and records; and question employees to determine whether any person has violated any provision of the FLSA.

How should an employer respond to a Dol audit notice?

Generally, proceedings before OALJ are governed by the Rules of Practice and Procedure in Administrative Hearings Before the Office of Administrative Law Judges, 29 C.F.R. Part 18. These rules, however, yield to rules of special application, that is, to rules dealing with special program requirements. For instance, when a program regulation ...

What documents are required for audit?

An audit may request the following documents and records: Copies of any contracts, employment agreements, and documents showing the nature of the contracting or employment relationship. Wage, pay and benefit records. Time and Attendance records. Records of any tax payments and withholdings.

Is it necessary to use cookies on a website?

Non-necessary. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

How to investigate an employer?

An investigation consists of the following steps: 1 Examination of records to determine which laws or exemptions apply. These records include, for example, those showing the employer’s annual dollar volume of business transactions, involvement in interstate commerce, and work on government contracts. Information from an employer’s records will not be revealed to unauthorized persons. 2 Examination of payroll and time records, and taking notes or making transcriptions or photocopies essential to the investigation. 3 Interviews with certain employees in private. The purpose of these interviews is to verify the employer’s payroll and time records, to identify workers’ particular duties in sufficient detail to decide which exemptions apply, if any, and to confirm that minors are legally employed. Interviews are normally conducted on the employer’s premises. In some instances, present and former employees may be interviewed at their homes or by mail or telephone. 4 When all the fact-finding steps have been completed, the investigator will ask to meet with the employer and/or a representative of the firm who has authority to reach decisions and commit the employer to corrective actions if violations have occurred. The employer will be told whether violations have occurred and, if so, what they are and how to correct them. If back wages are owed to employees because of minimum wage or overtime violations, the investigator will request payment of back wages and may ask the employer to compute the amounts due.

Can an employee be discriminated against for providing information?

Employees who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. If adverse action is taken against an employee for engaging in protected activity, the affected employee or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages.

What are the laws of WHD?

WHD is responsible for administering and enforcing a number of federal laws which set basic labor standards, among them: 1 The Fair Labor Standards Act 2 The Family and Medical Leave Act 3 The Migrant and Seasonal Agricultural Worker Protection Act 4 The field sanitation standards of the Occupational Safety and Health Act 5 The Employee Polygraph Protection Act 6 Certain employment standards and worker protections under the Immigration and Nationality Act 7 Government contracts prevailing wage statutes such as the Davis-Bacon and related Acts and the McNamara-O’Hara Service Contract Act 8 Garnishment provisions of the Consumer Credit Protection Act

What is the Polygraph Protection Act?

The Employee Polygraph Protection Act. Certain employment standards and worker protections under the Immigration and Nationality Act. Government contracts prevailing wage statutes such as the Davis-Bacon and related Acts and the McNamara-O’Hara Service Contract Act. Garnishment provisions of the Consumer Credit Protection Act.

Is a complaint confidential?

Many are initiated by complaints. All complaints are confidential; the name of the worker and the nature of the complaint are not disclosable; whether a complaint exists may not be disclosed. In addition to complaints, WHD selects certain types of businesses or industries for investigation.

What is the FLSA?

Most employers are subject to the Fair Labor Standards Act (FLSA), which is the primary federal law of most general application requiring payment of the minimum wage and overtime premium pay, keeping certain basic payroll and employment records, and limiting the working hours and types of jobs for certain underage youths.

What is the WHD?

WHD is responsible for administering and enforcing a number of federal laws which set basic labor standards, among them: The Fair Labor Standards Act. The Family and Medical Leave Act. The Migrant and Seasonal Agricultural Worker Protection Act. The field sanitation standards of the Occupational Safety and Health Act.

Pamela Koslyn

Every lawyer and every case is different and there's no rule about it, but your lawyer should be billing you on a monthly basis, and if the bills are properly itemized, those should give you some idea of what's going on in your case.#N#If you're not getting enough feedback from your lawyer, call or write the office and...

John M. Kaman

There is no hard and fast rule about how often your lawyer should be in contact with you. A simple divorce can take a long time and if your lawyer has submitted all required documents to the court there is really nothing else he can do but wait. I practice in SF where even an uncontested divorce can take 3-4 months for the court to process.

Richard Forrest Gould-Saltman

Depends on what's going on.#N#My office policy is that we try to return all client inquiries before the close of the following business day, and we also copy our clients with all correspondence we...

Can hearing officers sua sponte subpoena evidence?

The good new is that hearing officers do not have the authority to sua sponte subpoena evidence. A superior court judge recently stated in his RALJ opinion that, " [t]he administrative hearing process contemplated by Chapter 46.61.308 is at best perplexing to this court and at worst a ruse of substantive due process.".

What happens if you blow a.08?

Under current Washington law, all drivers arrested for DUI or physical control who either blow .08 or above or refuse the test, face two ways of losing their driving privileges: Both a DOL administrative hearing and a criminal charge can lead to driver's license suspensions, and each action is independent of the other.

How to keep clients informed of a case?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers: 1 Raise the issue early on. Establish, in advance, a clear understanding about case updates. If an attorney's practice is to initiate contact only when a development occurs, the attorney should communicate that to the client at the outset of the representation. If a client wants (and can pay for) regular updates regardless of whether developments have taken place, that too can be spelled out in advance—even included in a written retainer agreement. 2 Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant. And because some lawyers have poor communication skills, the defendant may be better off getting information from an assistant than from the lawyer.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

What is an attorney at law?

An attorney at law (or attorney-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in court on the retainer of clients. Alternative terms include counselor (or counselor-at-law) and lawyer. I am having trouble logging in to my account.

Where is the Department of Labor's office?

Department of Labor's Office of Administrative Law Judges is the "trial court" for many of the Department's programs. It is headquartered in Washington, D.C., and has eight District Offices.

What is a user profile?

The User Profile section contains your personal information. The profile information is used to pre-fill certain sections of the forms within the eFile and eServe system. The email address that is used in the profile is used in sending notifications. Some sections of the User Profile are mandatory.

What is profile information?

The profile information is used to pre-fill certain sections of the forms within the eFile and eServe system. The email address that is used in the profile is used in sending notifications. Some sections of the User Profile are mandatory.

What is shared mailbox?

A Shared Mailbox is a common mailbox to which the eFile and eServe will send common notifications regarding cases and appeals servings. Shared mailboxes are mapped to agencies and case types. Only notifications related to the agency and the case type added in the shared mailbox will be sent to it.

First Steps

Scope of The Audit Notice

  • Generally, an audit notice comes in a writing to the employer, and typically, a notice of audit may be limited to one person, claim or violation, says Angela Reddock, Employment Law Attorney and Mediator at the Reddock Law Group of Los Angeles. “Generally, the time to prepare for or to respond to a notice of audit is thirty (30) days or less. In mo...
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Gathering Your Records

  • If you use FingerCheck for your timekeeping, your time data will be stored on our secure servers for seven years, making it easy to comply with the auditor’s record requests. Richard Meneghello, a partner at Fisher & Phillips Attorney at Law, suggests designating a representative to assist in preparing for and leading the audit. “Have a point person accompany the investigator should the…
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Framing The Audit

  • How you respond when being audited is very important, and has the power to impact the way your company is seen, and how cooperative you are. Wright suggests providing the auditor with assistance in understanding the nature and scope of the documents and other information produced for the audit. “This can be done either through a letter to the auditor explaining the nat…
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Once The Audit Is Complete

  • After the audit has been completed, following up is crucial. If you’re proactive, Reddock suggests sending a letter to the auditor to re-cap what occurred during the audit and to re-confirm the nature and scope of documents and information provided. In your communication, be sure to answer any questions or issues that may have arisen during the audit process. In the event that t…
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