DOL audits and lawsuits typically don’t occur unless an employee notifies the DOL of employer misconduct or compliance issues. For off-the-clock work, a single worker or group of employees typically trigger the lawsuits. “When an employee becomes unhappy at work or is terminated, that is when we generally see a lawsuit filed,” explains Staci. However, investigations and audits can also happen randomly. As the DOL explains, the Wage and Hour Division (WHD) may show up at a business to conduct an audit at any time.