Description
The DOL offers several self-reporting and/or voluntary participation programs for employers to establish a more cooperative relationship between the employer and agency. While these programs can help mitigate the impact of certain enforcement actions and penalties against employers, they carry risks as well.
For example, the DOL recently reinstated its PAID program which allows employers to voluntarily disclose and correct FLSA-related violations and now also includes an opportunity to self-disclose and correct certain FMLA violations. Benefits for self-disclosing potential FLSA violations include allowing employers to provide relief to employees without the risk of liquidated damages from a lawsuit or civil monetary penalties from a wage and hour investigation. However, a PAID settlement may not resolve state law claims, and employees have the option of rejecting the WHD-proposed backpay settlement and retaining the right to file a private suit.
Other DOL programs in which employers may voluntarily participate include OSHA's VPP which requires employers to implement effective safety and health management programs, submit an application, and subject themselves to rigorous on-site evaluations to be admitted to the program, as well as periodic evaluations thereafter to maintain VPP status.
Additionally, DOL/VETS recently launched a program for employers seeking guidance on USERRA compliance called SALUTE. While the program provides an avenue for employers to request technical assistance to resolve USERRA compliance questions under circumstances unique to the employer and potentially avert DOL/VETS complaints, the request is not anonymous and the discoverability of employer inquiries through FOIA requests and the extent of the employer's compliance with the DOL/VETS opinion may either bolster or undermine defenses in a future suit.
Listen as our expert panel provides a comprehensive overview of DOL programs that offer voluntary participation and/or self-reporting opportunities for employers. The panel will discuss the benefits and risks of employer participation and how to assist employer clients with navigating program requirements.
Presented By
Mr. Patton is a member of the firm’s Government Contracting and Reporting Practice Group, where he specializes in government reporting including state pay reporting and federal reporting including EEO-1’s and VETS-4212’s. He also advises federal contractors and subcontractors on their continuing obligations. As a former Army officer and West Point graduate, Mr. Patton advises clients on military leaves of absence and related issues. His work on state pay reporting includes advising clients on their reporting obligations as well as completing filings for clients. Mr. Patton has written extensively on state pay reporting and federal compliance reporting requirements. His work on USERRA leave and related military law issues includes advice and counsel as well as defending claims. In addition to compliance reporting and work on military leaves of absence, Mr. Patton has spent more than 20 years advising companies on a variety of workplace issues including preparing and enforcing non-competition agreements, dealing with complex employee leave issues, defending employment discrimination lawsuits, and providing advice on difficult workplace issues.
Mr. Surma’s practice focuses on representing employers in workplace safety and health matters, including preventive advice and counseling, regulatory actions, and investigation. He counsels and represents clients throughout the U.S. before a variety of regulatory agencies including OSHA, MSHA, the U.S. Chemical Safety Board, the Nuclear Regulatory Commission, the U.S. EPA, the Federal Railroad Administration/American Association of Railroads, the Texas Commission on Environmental Quality, and the Texas Department of Public Safety. He assists clients with the interpretation and application of OSHA standards, reviews and develops compliance programs, audits compliance programs and advises clients concerning deficiencies, consults on regulations and their applicability to businesses, assists clients with permitting issues, and prepares clients for and represents them in regulatory actions and inspections, including catastrophic incidents. Mr. Surma also advises his regulatory compliance clients on risk management and workplace safety and security.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, November 6, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
II. DOL's PAID program
A. Employer participation requirements
B. Employer benefits and risks
C. Best practices for self-auditing, voluntary reporting, and remedies
III. OSHA's VPP and on-site consultation programs
A. Employer participation requirements
B. Employer benefits and risks
C. Best practices for effective safety program implementation and ongoing OSHA evaluation
IV. DOL/VETS' SALUTE program
A. Employer participation requirements
B. Employer benefits and risks
C. Potential impact on future litigation
V. Practitioner takeaways
The panel will review these and other important issues:
- What are key considerations for counsel and their employer clients when deciding whether to participate in the DOL's PAID program? OSHA's VPP program? DOL/VETS' SALUTE program?
- What requirements must employers meet to participate in each program?
- How does each program mitigate future litigation risks for the employer? Potentially harm employers in future litigation?
