Anatomy of a Department of Labor and Industry Investigation

The Minnesota Department of Labor and Industry oversees the state's programs for apprenticeship, construction codes and licensing, occupational safety and health, wage and hour standards, workers' compensation, and youth skills training programs. It is an administrative agency promulgating and enforcing rules to carry out laws passed by the legislature. This course is a 30,000 ft view of the investigative process informed by over a decade of the instructor representing companies and individuals accused of violating the Department’s rules. This course will review the mindset of the contractor being investigated and the investigator and need to balance the expectations of both. Finally, the mechanics of the investigation process and the recourse available when the client decides to challenge the Department’s initial decision.

Course Outline

• Introduction
  • Me and the firm
  • Clients
  • Agency Investigators
  • Role of Attorney
• DOLI Authority
  • Minn. Stat. Sec. 326B provides DOLI authority to enforce licensing laws and rules on any person required to have a license
  • Minn. Stat. Sec. 176 provides DOLI authority to enforce the Workers’ Compensation statutes
  • Minn. Stat. Sec. 177 provides DOLI authority to enforce MN FLSA and Prevailing Wage laws and rules
  • Minn. Stat. Sec. 182 provides DOLI authority to enforce MN OSHA laws and rules
  • May compel access to information and property
  • Issue subpoenas
• Typical Investigative Process
  • Licensing and FLSA typically begin with a complaint
  • Contents of a notice of investigation
  • Attorney’s investigative responsibility
  • Common Grounds for Sanctions
  • Penalties
• Hearing
• Conclusion

Learner Objectives

Students will gain general understanding of the process, response, and actions that the Department of Labor follows when investigating a complaint against a licensed contractor.

Testimonials

"This course shows the complexity of the legal side of not abiding by the regulations. Very informative." Jim Davis, SES Renovations

"Well spoken. Kept my attention." Mark Oehlke, Mulberry Builders

"Bill Gshwind has a great way of explaining the legal side of our business and helping to open my eyes to some really important things to be aware of as a general contractor, including MNDLI investigations." Scott Stankey, Resonate Homes

Quiz Info

In order to receive continuing education credit(s), you will need to take a 10-question quiz following the course. To pass the quiz, you will need to achieve a score of 70% or higher. If you are unsuccessful, you will have an opportunity to repeat the quiz. Once you have successfully completed the quiz, you can download your continuing education certificate(s) showing the credit(s) that you have earned.

Credit Info

This course has been approved for one hour of MN residential contractor, remodeler, and building official credit by the Minnesota Department of Labor & Industry and is approved for the required Business Management credit. 

If you are eligible to receive continuing education credits, your information will be electronically reported to the appropriate agency within 3 business days of course completion.

Access Info

Your online course is accessible 24/7. The course will be available to you for 180 days from purchase date.

Questions and Comments

Questions and comments related to the curriculum for this course may be submitted to the instructor at education@housingfirstmn.org.