(a) Authority of Administrator. Except as provided in § 655.807, the Administrator shall perform all the Secretary's investigative and enforcement functions under sections 212(n) and (t) of the INA (8 U.S.C. 1182(n) and (t)) and this subpart I and subpart H of this part.
(b) Conduct of investigations. The Administrator, either pursuant to a complaint or otherwise, shall conduct such investigations as may be appropriate and, in connection therewith, enter and inspect such places and such records (and make transcriptions or copies thereof), question such persons and gather such information as deemed necessary by the Administrator to determine compliance regarding the matters which are the subject of the investigation.
(c) Employer cooperation/availability of records. An employer shall at all times cooperate in administrative and enforcement proceedings. An employer being investigated shall make available to the Administrator such records, information, persons, and places as the Administrator deems appropriate to copy, transcribe, question, or inspect. No employer subject to the provisions of sections 212(n) or (t) of the INA and/or this subpart I or subpart H of this part shall interfere with any official of the Department of Labor performing an investigation, inspection or law enforcement function pursuant to 8 U.S.C. 1182(n) or (t) or this subpart I or subpart H of this part. Any such interference shall be a violation of the labor condition application and this subpart I and subpart H of this part, and the Administrator may take such further actions as the Administrator considers appropriate. (Federal criminal statutes prohibit certain interference with a Federal officer in the performance of official duties. 18 U.S.C. 111 and 18 U.S.C. 1114.)
(d) Confidentiality. The Administrator shall, to the extent possible under existing law, protect the confidentiality of any person who provides information to the Department in confidence in the course of an investigation or otherwise under this subpart I or subpart H of this part.
[65 FR 80233, Dec. 20, 2000, as amended at 69 FR 68228, Nov. 23, 2004]
Notes of Decisions
Kirthi Venkatraman v. Rei Sys., Inc., 417 F.3d 418 (4th Cir. 2005).
“See 20 C.F.R. § 655.800 -.855 (2004). “Any aggrieved party” may submit a complaint to the Department’s Wage and Hour Division, which *423 then determines whether the complaint warrants an investigation.”
Aleutian Capital Partners v. Pizzella, 975 F.3d 220 (2d Cir. 2020).
· cites it 2× “Those interpretations include 20 C.F.R. § 655.800 (b), which provides: The Administrator, either pursuant to a complaint or otherwise, shall conduct such investigations as may be appropriate and, in connection therewith, enter and inspect such places and such records (and make…”
Palmer v. Trump Model Mgmt., LLC, 175 F. Supp. 3d 103 (S.D.N.Y. 2016).
“The DOL delegates authority to the DOL Administrator to investigate, among other things, the failure of an employer to pay required wages, 20 C.F.R. §§ 655.800 , 655.805(a)(2). . An “aggrieved party” includes "[a] worker whose job, wages, or working conditions are adversely…”
Broadgate, Inc v. Julie Su, 124 F.4th 985 (6th Cir. 2024).
“20 C.F.R. § 655.800 . And the Administrator may designate authorized representatives to exercise that authority.”
Broadgate, Inc. v. Sec'y, Dep't of Labor (E.D. Mich. 2022).
· cites it 2× “The INA’s regulations direct that “[t]he Administrator, either pursuant to a complaint or otherwise, shall conduct such investigations as may be appropriate and, in connection therewith, enter and inspect such places and such records (and make transcriptions or copies thereof),…”
Macks USA, Inc v. United States Dep't of Labor (S.D.N.Y. 2024).
· cites it 2× “See 20 C.F.R. § 655.800 (a). DOL regulations direct the Administrator to determine the scope of investigations, providing, “[t]he Administrator, either pursuant to a complaint or otherwise, shall conduct such investigations as may be appropriate.”
Vuegen Tech. Inc v. Cissna (D.D.C. 2020).
“§ 1182 (n)(2)(C); 20 C.F.R. § 655.800 . After an employer receives a certificate from DOL, it may apply for an H-1B visa, now with CIS, by submitting Form I-129 and supplemental documentation.”
Persian Broadcast Serv. Global Inc. v. Eugene Scalia (C.D. Cal. 2022).
“20 C.F.R. §§ 655.800 (a); 806(a). “A complaint must be filed not later than 12 months after the latest date on which the alleged violation(s) were committed, which would be the date on which the employer allergy failed to perform an action or fulfill a condition specified in the…”
Kapoor v. Sec'y of United States Dep't of Labor (D. Conn. 2021).
“, and investigate such facts, conditions, practices, or matters as [it] may deem necessary or appropriate to determine” whether an employer has violated the FLSA) (emphasis added); 20 C.F.R. § 655.800 (b) (after opening an investigation, WHD “shall conduct such investigations 7…”
Vijay Patel v. Patrick Boghra, 369 F. App'x 722 (7th Cir. 2010).
“§ 1182 (n)(2)(A); 20 C.F.R. § 655.800 to .855. The truth about the agreement would have rendered Patel removable from the United States.”
Venkatraman v. REI Sys. Inc (4th Cir. 2005).
“See 20 C.F.R. § 655.800 -.855 (2004). "Any aggrieved party" may submit a complaint to the Department’s Wage and Hour Division, which then determines whether the complaint warrants an investigation.”
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