Can the government force my boss to show me payroll records during an investigation?

Under the Fair Labor Standards Act (FLSA), the Department of Labor has broad powers to investigate your claim regarding the $4,500 in unpaid overtime. Your former boss, Mike, cannot legally block the investigation by claiming the records are private business documents. First, the law requires employers to maintain specific documentation. The statute states that "Every employer subject to any provision of this chapter... shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him" [cite:us-title29-flsa-sec211]. This means the warehouse was legally required to keep the very time cards and ledgers you are looking for. Second, the Department of Labor has the power to demand these items during an inquiry. The law provides that the Administrator "may investigate and gather data regarding the wages, hours, and other conditions and practices of employment... and may enter and inspect such places and such records" [cite:us-title29-flsa-sec211]. This gives the investigator the right to look at the company's books to see if you were misclassified. Finally, the government can force people to show up for hearings. For the purpose of an investigation, the law makes certain provisions "applicable to the jurisdiction, powers, and duties of the Administrator... (relating to the attendance of witnesses and the production of books, papers, and documents)" [cite:us-title29-flsa-sec209]. This means if the investigator needs Mike or other staff to testify, or if they need those specific payroll records to prove you worked 60 hours a week, they have the legal tools to make the company comply. It is unsettled whether the company will comply voluntarily once the investigator issues a formal demand, but the law is on the side of the investigator, not the employer's privacy claims.