Follow Their Format
A response to the DOL’s Wage and Hour Division, especially if you disagree, is also in essence a form of appeal. Take the audit result letter they sent to you and prepare a letter that addresses every line item in their audit letter. Even if they have a line item where no problem areas were found, acknowledge that in your letter with a simple “not applicable." When preparing the letter, make sure to include documentation for any items you disagree with.
Make your written response to a wage and hour audit businesslike and don’t convey anger. Ask for a review of the items you disagree with and send the letter as soon as possible because the DOL will not wait very long to either collect penalties or address problems such as invalid I-9 forms; and they will be back to check.
If you have witnesses to back up your issue areas, have those witnesses create a statement and include these in your response to the DOL.
It is your right to appeal findings; however, some violations such as improper employee posting requirements or failure to keep time records may be a violation that costs you money. If you truly feel your violations are something you did wrong, pay the fines as soon as possible to avoid interest on those penalties or fines.
If you find you are unable to gather the information needed but still feel you are not in error, you may have to seek the help of a labor law attorney. Weigh the amount of the fine due against what the attorney would charge to defend you; often it’s best just to pay the fine.