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  • Audit California

    We had the Labor Board in for an Audit and they are asking for the 1120 Corp Tax Returns for the past 3 years to figure out where our company is and what rules we fall under..


    Do they need this and what for?

  • #2
    This feels a little like "who is buried in Grant's tomb", but okay.

    They do need the returns so that they can figure under which jurisdiction you are doing business.

    Different jurisdictions have different laws and/or different penalties.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      is there a way I can look up that info online to see what they will be looking at as well??

      Comment


      • #4
        I would recommend a lawyer.

        You don't know what you have done... just that the auditors are trying to figure out where you are working.

        Why do I sense there is a really good story here?
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          The bottom line is, whatever they ask for, you need to give it to them. They make the laws; if you refuse them access to whatever they're looking for, they're going to read the worst possible interpretation into that refusal.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            I agree with CBG, the 1120 form will show the employer's gross receipts, hence, verification of $500k income for FLSA coverage. The investigator can ask for any records he deems necessary to establish FLSA coverage. If employer refused, a subpoena could/mat be issue in which then the employer must supply the information within 72 hrs of the subpoena. Section 11 of the FLSAct provides authority for the investigator to ask for records…

            Investigations, Inspections, Records, and Homework Regulations
            SEC. 11. (a) The Secretary of Labor or his designated representatives may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this Act, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters as he may deem necessary or appropriate to determine whether any person has violated any provision of this Act, or which may aid in the enforcement of the provisions of this Act. Except as provided in section 12 and in subsection (b) of this section, the Secretary shall utilize the bureaus and divisions of the Department of Labor for all the investigations and inspections necessary under this section. Except as provided in section 12, the Secretary shall bring all actions under section 17 to restrain violations of this Act.
            ========================================

            "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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            • #7
              Oh we are definitely giving it to them as we were just curious as to what that information contained to deem the qualifications on the company.


              We have fully complied with everything they have been asking for, this is just a first time for all of us here and considering we are a federal government contractor we are a little unsure what this pertained to.

              Comment

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