Most farms never get audited, but those that do usually find something wrong. The farms that come through cleanly are the ones whose records were organized before the letter arrived.
Two kinds of audits
1. DOL certification audit. The Office of Foreign Labor Certification picks certified applications to review. You get a letter listing the documents to send, with a due date no more than 30 days after the letter (20 CFR 655.180). Failing to fully comply can mean losing your certification or being barred from the program. Findings can be referred to other agencies.
2. Wage and Hour investigation. DOL's Wage and Hour Division checks how the season actually ran. Investigators review records, interview workers and visit housing and worksites. Payroll records kept at a central office must be produced within 72 hours of a request (655.122(j)).
Where problems usually show up
- hours records that do not show hours offered versus worked
- pay statements missing required items
- incomplete housing or vehicle records
- terminations without timely notice to DOL and DHS
- late or missing travel reimbursements
- no record of how U.S. applicants were handled
Get the free audit-ready checklist
DOL can ask for a long list of records, and most farms do not know what is on it until an audit letter arrives. Our free Excel checklist lays it all out so you can get organized before anyone asks. Inside:
- 25 records DOL can request, grouped by application and recruitment, housing and insurance, contracts and travel, hours and pay, and departures
- The regulation behind each record, so you know why it matters
- A progress tracker that shows how ready you are at a glance
- A worker departures log that works out the 2-working-day notice deadline for you
- A record-keeping date calculator showing how long to keep everything (at least 3 years from your certification date, under 20 CFR 655.167)