Recently, the DOL unveiled its new regulatory and enforcement strategy—Plan/Prevent/Protect—which is aimed toward requiring employers to “find and fix” violations before DOL investigators arrive at the workplace. In short, the DOL is sending a clear message that employers are to have a culture of compliance and focus on preventing violations and protecting workers rather than operating under what the DOL has called a “catch me if you can” system.

Under the Plan/Prevent/Protect program, companies will be subject to citations for failure to take compliance initiatives even when no substantive violation exits. While several of the planned initiatives will focus on workplace safety issues, the DOL also discussed potential new regulations regarding employer recordkeeping requirements and updates to affirmative action program requirements. The specifics of the new program are still being developed; however, employers should anticipate the requirements for new plans, processes and accountability to ensure compliance with the laws and regulations enforced by the DOL.